
Class 'F f'^O'^ 



/ 

I i: COMMITTEE UN THE DlbiUiLi Ul < ml MI'.IA 



TARK IMPROVEMENT TAPERS NO. 




\OTKS ON THE ESTABLISH MEx\T OF A NATIONAL I'AIIK IN 

Tin: msTHHT or cinj miha and the aciH'UvKment and 

IMl'KdVEMENT (iT THE VALLEY i)V Hoi K (KEEK EUK I'AL'K 
riR POSES. 



By WILLIAM V. COX. 



April lit. Hiui.— Printed for the use of the committee. 



'riu' lirst UK'iilion in Ic.uislalive records that I tiiul <»f any cHoit Wrinj; 
nuulc to ac*([uirt' a national park in tlie District of Columbia \\;i.s alter 
lUe close of the war, in the Thirty-ninth Congres.s, wlien on June l'1, 
180<), the IIoi^. BeJi.jamin Wadi', of Ohio, ofTered a resolution instrucl- 
injij the Senate (,'eiiunitieeon I*u])lic I>uildin;i,s and Grounds to iii<iuire 
iirto "the exi^edienoy of the L'nited States ae(|uiriny: the title to the 
land between Maryland avenue an<l Pennsylvania avenue, east of the 
Capitol, to Nineteenth street, for the purpose of a national park in 
which to erect a, new Presidential mansion, an<l rei)ort by bill or 
otherwise." 

On June 25, 180(5, Mr. Luke P. Poland sulnnittcd the following,' res- 
olution, which was considered and by unanimous consent a.irree<l to: 

Resah-i;!. That the Comniittee on Public Building's and Ground.*? be directed to 
inquire whether a tract of land of not less than :{"tO acres adjoinintr or very near 
the city can be obtained for a reasonable priie for a park and site for a Presiden- 
tiiil Mansion, which shall combine convenience of access, healthtiilness. go<wl 
water, and capability of adornment. (Congressional Globe. Thirty-uinth Con- 
i,Tess. first session. Part IV, p. :j:i74. ; 

live days later, on .June ;J(), Senatoi- Howe olTei-ed a similar resolu- 
tion, the<iuantity of laml not to be less liian lOd acres. 

On .July IS, ISOd, the Hon. Thinnas A. llendrick>. a iuend»er of tin* 
Committee on Public Buildinjrs and (Grounds in tiie Senate, to which 
these resolutions had been referred, nnule a n'jiori, an<l that commit- 
tee wyis (,'mpowered to <'mploy a practical landscape pirdeiier or topo- 
fjraphicai enjrineer to examine different tracts of land. (Journal of 
the Senate, lirst sessioTi Thirty-nintJj Con^re- ) 
9«-. - ' 



2 PARK SYSTEM OF THE DISTRICT OF COLUMBIA. 

Maj. N. 3Iichler, of the Corps of Engineers, was selected for this 
work, and spent nmcli time examining the various sites »)ffered th< 
committee. 

On January 29, 1807, he made a report, giving maps of the Rod 
Creek region, proposing two phxns, one for a pai'k of 2,5-10 acres, th< 
other for one of 1,800 acres. 

This rejiort, as picturesque as the Rock Ci-eek Valley of which ii 
treats, is reproduced in Appendix A. 

A bill (S. 549) was thereupon formulated bj'the Committee on Pub; 
lie Buildings and Grounds, within the lines projected by Major Mich- 
ler, to include 2,700 acres, and General Meigs, General Wright, and 
Major Michler were named as a committee to negotiate with the 
owners of the land and report to Congress. (Appendix B. ) 

The Hon. B. Gratz Brown, who had introduced the bill, imbibing 
the spirit of Rock Creek surroundings, most eloquently said : 

The character of the ground around and adjacent to that stream is exactly 
suited to the purposes we desire. It has running water, it has rugged hills, it has- 
picturesque scenery, it has abundance of vax'ied forest timber, it has a native 
undergrowth blushing with beauty; it has the tangled vine and the clustering wile 
flower, and the (juiet mosses gray with age, and, indeed, a thousand imprints of 
native adornment that no hand of art could equal in its most imitative mood. 
Moreover, with so much of attractiveness in its present tmcultured state, it hasi 
likewise every capacity for adornment and development, and can be made, witt 
less expense than almost any spot of equal area I have ever seen within the read 
of a great city, one of the most beautiful resorts in *-he world. The amount q| 
ground which was surveyed embraced 2,700 acres. It will not be necessary, how- 
ever, to take in all of that ground in order to secure what is desired for the purposes 
of a park in the shape of drives, alcoves, recesses, and places capable c f adorn- 
ment. Fortunately the amount to be embraced is almot t entirely optional, as tht 
situation is such that large omissions may be made without abating much tht 
extent of the drives or the beautiful diversity of views. 

:H 4^ Hi =!• ''S ^ ^' 

There is no expenditure that can be made which shall add to the grandeur or 
adornment of the piiblic btiildings that fill so largely the eye of admiration of the 
world, or of the vast libraries that are accumulating so rapidly the treasures of 
all languages within our reach, or of the conservatories and gardens and cabinets 
that minister to yoiir tastes, that will not freely be sanctioned by the people, for 
such in itself is the establishment of a nation's university, whither all ma.v come 
to wonder and to learn, and in which all may feel a rightful patriotic pride. Only 
let it be worthy. Let your doing be on a scale commensurate with the pride to 
which you minister and the people yoiiare sent to represent. And it is in the same 
spirit that I would have you. Senators, inaugurate a public park that shall have no 
rival anywliere for beauty or extent or ornamentation, as it will have none for the 
illustrious characters gathered from a whole continent in the after time to wisely 
rule otir Republic from this center of its power. 

To the disappointment of many the bill failed. Sixteen years elapsed 
before record is found of an}- further serious effort being made to 
acquire the beautiful Rock Creek Valley. In 1880, however. Captain 
Hoxie, in a report, suggested the desirability of turning the Rock 



' .> .1905 
D. of D, 



I'AKK SYSTEM (>K THK DISTHKT OF CoLIMHlA. M 

Crt'i'k ValK'V into a [lark wiih <iriiaiiM'iital lakf ai!<l rcscrvoii- coii- 
Ticctcd with a system of dams. 

( )ii Xovembi'V 17, 18S:}, Mi-. W. \V. C'orcin-aii, .Iiisticc William 
iStron;;, an<l Mr. Josiali Dc-iit JoIikmI in a letter to the C'<)mmis.si(»iM'i> 
«>f tlie District of Columbia, in wliich they say: 

Washington is now and is ever to l)e a city of residences. It is alreadj' invitinj; 
to the best classes of citizens in all parts of the country, who ar>' Hocking liither 
in considerable niiniV)ers to make this their i)ernianent home. Everything that 
adils to the city's attractions, that renders life liere more agreeable, seems to ua 
to be worthy of attention and to be secured, if practicable; that a large park, 
including Rock Creek and its adjacent hills and woods, would be a great addi- 
tional attraction, affording, as it would, charming drives and walks with con- 
stantly varying and beautiful scener)-. no one can doubt. The experience of other 
cities has shown this. What has nOt Central Park done for New York. Fair- 
moant Park for Philadelphia, and Druid Hill for Baltimore? They have greatly 
increased the value of property in those cities and stimulated the influx of wealth 
and population. We believe that the procurement of the proposed Rock Cref k 
Park would have a like beneficial influence i;pon the fixture of our city, greater 
even in degiee when it be considered that this is to be a city of homes. 

Nothin.u; was done, liowever, in the way of .seenring legislation. 

In January, 1SS(5, Judge Ord offered to donate 2o acres of land in 
Koek Creek Valley for a zoological park and public baths, but Con- 
gress favored ueitlier. 

A bill passed tlie Senate July 2-2, 1S8(), authorizing the Conunission- 
ers of the District of Columbia to plat for condemnation a tiact of 
laud not exceeding l,0(iO feet in width (tn both sides (»f Rock Ci-eek. 
beginning at the inter.section of Massachusetts avenue extende*! and 
the creek to the boundary line of the District of Columbia. The bill 
required the Commissioners to report to Congress the resiUt of their 
negotiation and condemnation proceedings. The Commissioners made 
a report to Congress on June 24, l!S8<i, and urged tlie necessity of tak- 
ing prompt action toward securing at least a narrow strip of ground 
on either side of the creek. They reported that they found the quan- 
tity of land from Ly<ms's Mill to the District line to be i'l'.' acres. 
Important modifications were suggested to the plan in tlie event that 
Congress desired to proceed further in the matter. Special atleiilion 
was called to the topography of the region, that nc» uniform width 
need be adhered to and only such acreage would be reijuired as wa> 
necessary to control the crest and slopes and jn-ovide foi* const i"uct ion 
of driveways. (Appendix C.) 

On Januaiy 31, 18S7, Mr. Howell, of the House District Committee, 
made a re])ort on the measure to Congress in which he said: 

The rapidly increasing iwpulation of the District of Columbia, as well as the 
constantly increasing value of real estate, admonishes ns that if this tract of 
country is to be reserved for park purposes the (juicker it is done the l>etter. That 
this section of the District, now largely in a primitive condition, ought to b- 
reserved for the use of the public in the interest of health and of making the 
national capital as attractive as possible your committee do not doubt. 



4 PARK SYSTEM OF THE DISTRICT OF COU'MKIA. 

The bill faik'd to become a law. 

jNIr. Iiigalls, who was always a friend of tlie District, introduced 
the same bill in the Senate on December 13, 1S87, and Mr. Rowell, on 
January 9, 1888, introduced it in the House. 

On April 23, 1888, Senator Beck introduced a bill to establish under 
the Regents of the Smithsonian Institution a zoological park. On 
December 21, 1888, Senator Morrill introduced a similar bill, except 
that it prescribed that the location of the park be limited to the region 
between Wood ley road and Klingle road. The possibility of the crea- 
tion of a ijublic park on Rock Creek was taken into consideration, 
tliere being a provision for the cooperation of the Regents of the 
Smithsonian Institution and the commissioners of the public park in 
the laying out of roads, etc. 

There was no antagonism between the two park projects and the 
sentiment for the establishment of the Rock Creek Park hastened the 
legislation for the establishment of the Zoological Park, for Avhen it 
was proposed to attach the Rock Creek Park bill as an amendment 
the Zoological Park, with a smaller appropriation, was accepted as a 
compromise and became a law. (Appendix D.) 

Mr. S. P. Langley, Seeretarj^of the Smithsonian Institution, deserves 
great praise for the very timely and important jiart he took in securing* 
the establishment of the Zoological Park, the beginning of the great 
Rock Creek Park system. 

The establishment of the Zoological Park was most opportune, for 
attention having been so frequently called to the beauty of the region 
by the agitation of the park question in Congress and by the press 
and by public-spirited citizens generally, real-estate syndicates began 
to invade this region and suggested subdivisions were seriously 
threatening the destruction of the land for park purposes. The region 
was also threatened by proposed invasion of railroads that were said 
to be coming down the beautiful valley to Gecirgetown, and the out- 
look for saving the valley at one time was most discouraging. 

On Thanksgiving morning of 1888 Mi'. Cliarles C. Glover, the well- 
known banker, invited Capt. T. W. Symous, Mr. Calderon Carlisle, and 
Mr. J. M. Johnson to ride with him through the Rock Creek Valley. 
As a result of that drive these gentlemen pledged each other to Avork 
from that time on for the establishment of a great national i)ark in 
Rock Creek Valley. Mr. Johnson and Mr. Carlisle framed a bill and 
a few evenings later Mr. Glover invited these gentlemen and others 
to meet at his i-esidence. The project was talked over at length, the 
bill was read, and the plan as outlined by Mr. Glover was approved. 
Mr. Crosby S. Noyes, that j)ublic-spirited citizen, ever foremost in 
championing every measure for the improvement or the beautifying 
of Washington, presided over this historic meeting. Among those 
present were Washington McLean, Crosby S. Noyes, S. II. Kauffmann, 
Gen. H. V. IJoynton, Henry Wise Garnett, A. T. Britton, George E. 



I'AllK SVSTKM «>1- TJIK DISTRICT (>K ('(iHMHIA. ;> 

Ia'IIioii, C'liarlfs Noi-dliolV. II. II. Wai'in-r, Stilsoii I liitcliiii^. I). A. 
Kiolianlsoii, M. .M. I'ai-kcr. Lewis ,1. Davis. Charlfs .1. i;.-li. I'. I'. W. 
Sand.s, William (."orcoran Hill, Duncan S. Walker, (). (.". (irccii. llal- 
lett Killioiirn, James A. Hales, and K. \V. Fox. 

When tlio proceedinjjs of tills mooting; were known, all pnldic- 
spiriteil eili/A'iis reali/.e(l lliat the lime for deeided ad ion had come. 
The woi'k as mapijcd out by the committee under .Mr. (ilover was 
actively pushed forward in eveiv direction, for a master hand was at the 
helm. Advocates for the Hock Creek T*ark measure were now found 
on e\"ery side, and the progress from this lime was steadily forward. 
On .laiiuary 11, ISS'.i, a meetinjfof tlie citizens was lielil at the Atlantic 
liuildinir, at which a resolution was adopt(Ml indoi'sinjr the plan of 
securing the jiark. A sti'ong executive committee, (Muniiosed of C C. 
Glover, chairman: A. T. l^ritton, (t. E. Lemon, C S. Noyes, F. A. 
Richardson, and 1>. II. Wai-ner, was appointed. Among tliose pi'esenl 
at tills meeting wei'e Judge ^Villiam Strong, Dr. J. C. Welling, lieriah 
Wilkins, Frank Hatton, W. T. Ilornaday, Judge Hillyer, C S. Noyes, 
William H. Tlagett, Col. W. F. Switzler, John T. (iiven, Dr. A. P. 
Fardon, C C\ Glover, James ]M. Johnson, Theodore \V. Noyes, S. W. 
Woodward, John II. Crane, Gef)rge Truesdell, Joseph Paul, Col. J. 
M. Wilson, II. J. Dent, John Joy Edson, W. C. Dodge, M. I. Weller, 
Hallett Kilbourn, Noble D. Larner, Dr. Loring, Dr. S. P. Langley, Dr. 
Robert Heyburn, R. Ross Perry, Reginald Fendall, William R. Smith, 
B. II. Warner, L. D. Wine, li. F. Gilbert, (ieorge E. Lemon, A. H. 
Brown. N. W. Burchell, J. L. r.arliour, C. B. Church., W.J.Stephen- 
son, J. (^). Thompson, S. E. N. Wilson, Thomas Sommerville, V.. D. 
Tracey, James E. Fitch, M. F. Morris, and W. S. Thompson. 

The bill diawn nj) and approved by the citizens' committee was 
introduced in the House by Mr. Hempliill January 1-i, ISSti. This bill 
jirovided for the purchase of a tract of land not exceeding i, 5(10 acres, 
following the course of tlie creek, and of a width not less at any point 
than 4t"> feet. The Chief of Engineers, the Secretary of the Smith 
sonian Institution, and the Engineer Commissioner of the Distiict 
wer<' name<l as a commission to locate and purchase the park, with 
the assistance <)f the Engineer Commissioner as executive <ifli<'er of 
the commission. One-half of the cost of the park, according to the 
bill, was to be (diarged to tlie District. 

The tenor of the deliates in the House had com inced tho.st' who 
were urging the park pro.ject that it would be (piite impossible to get 
any measure througli th.it did not projiose to make the District pay 
one-lialf of the cost. While this was considered unjust, the citizens' 
committee deemed it wisest to secure the jiark on the U'st terms pos- 
sible aufl leave it to Congress in the future to make aniemls t'or tlie 
wrong done the [leojile of the District. 

The executive committee of citizens api>eared before the Hon- 
District Committee on January is. and uiLretl the jias.sage of the 



6 PARK SYSTEM OF THE DISTRICT OF COLUMBIA. 

Hempliill bill. There were jiresent Messrs. C. S. Noyes, A. T. Brit- 
ton, C. C. Glover, B. H. Warner, George E. Lemon, and F. A. Rich- 
ardson, composing the entire executive committee; R. Ross Perry, 
James 31. Johnston, John Joy Edson, E. D. Tracey, Capt. T. W. 
Symons, Joseph Paul, W. A. Phillips, jr., P. M. Dubant, J. J. Dar- 
lington, and others. Mr. Warner acted as spokesman, and in urging 
the passage of the bill presented most interesting data and convinc- 
ing arguments in siii)poi't of the project. In concluding he stated 
that those once opposed to the measure were now willing to have it 
passed, and that all sections and interests were united in its favor. 

An evidence of the renewed interest in the measure under the stim- 
ulus of the energetic action of the citizens' committee was given also 
in the action of a meeting of citizens of Georgetown, held January 22, 
1S89, asking that the southern limits of the proposed park be extended 
to Lyons's Mills, if not to the P street bi-idge. On January- 24 a com- 
mittee of citizens called on the District Commissioners in the interest 
of the bill, and one result was a proposed amendment that the District 
should refund half the cost of the park to the United States Treasury 
in annual installments of not less than 1100,000. 

The first satisfactory^ showing of the work being done bj^ the friends 
of the park was in the thoughtful and forcible report made in the 
House January 26, by Mr. Hemphill, from the District Committee, 
recommending the passage of the measure introduced by him on the 
14th. The committee recommended an appropriation of $1,500,000 for 
the purchase of the park. 

Mr. Hemphiirs report was more practical than some that had pre- 
viously been submitted. (See AjDpendix E.) 

At this time the citizens' committee, the Post, Republican, Star, and 
other newspapers were most activel}^ engaged in arousing public inter- 
est. Hearings were had at the Capitol, Congressmen were seen at 
their homes, literature was prepared and circulated among them and 
the newspapers, and the campaign was crowded systematically in 
every direction. 

On the loth of February the Senate District Committee approved 
and substituted the Ilemi^hill bill for the one it had reported, which 
made no appropriation, but required the commission to report its 
work to Congress. An effort was made by Mr. Hemphill, February 
28, 1880, to get the measure through before the Fiftieth Congress 
adjourned by attaching it as an amendment to the Zoological Park bill 
which was under consideration; but once more the bill failed. 

Nothing daunted, promjitly at the beginning of the Fifty-first Con- 
gress the park bills were reintroduced. December 4, 1880, both Mr. 
Ingalls and Mr. Sherman oijered bills in tlie Senate. Mr. Ingalls's bill 
limited the width of the park to 1,000 feet, made it begin at Massa- 
chusetts avenue and extend along the ci-eek to the District line. The 
Commissioners of the District were charged with negotiating for or 



I'Alvi^ SYSTEM OF THK IH>TKI( T «U- ('(UMlilA. t 

c(>n«l<*iiiiiiM.t: tilt' property, and if(|uirf(l in icpoit their iU'tioii lu Con- 
gress, (Sec also Keport ('itiiiniissioiicrs District of C'oluiiihia. ISS'j, 
l)p. 2«)5--J7.). ) 

Mr. Sherman's l)ill was siniilar lo My. llfMipIiill's, except that it 
named tlie Kllnuh' road bridj^e as the startinu; point, mid instea<l of 
makinu: a direct appropriation, i)rovi(h'd for the issne of :?l,i,'()(),(wi() in 
Disti'ict bonds to pay for the park, provision beini; made that one-half 
the snm shoiihl be refunded by the I'nited States to tlie District. 

This bill was passed by the Senate January l>S, l!Sli(J. When tlie 
bill went to the House District Committee it was there modified. The 
name of the i)ark was clian}i:ed to Columbus .Memorial Park, in defer- 
ence to the Columbus sentiment that then was so prevalent at the 
Capitol. The limitation as to the width south of the Broad Hraiich 
and IJIagden ."Mill roads, not to exceed oUO feet on cither side of the 
creek, was inserted. The whole tract to be acquired vvas limited io 
2,000 acres. A liirect appropriation of ^1,200,000 was piovided, <»ne- 
half to be charged to the District, and half the annual chai'ije of main- 
tenance was to be paid liy the District. (Report s7(i^ Fifty-liist 
Coniji-ess, first session, on S. 4.) 

Chairman (4rout of the District (. oimiiiiiec, in r('[Kiri nju the l)ill 
favorably, reiterated the statements made in Mr. llemphiirs report to 
the I'Mftieth Coiifiress, and added the following: 

Your committee have gtven this bill cavefnl consideration, and in view of the 
public expectation and desire concerning this park, and in the belief of your com- 
mittee that it will some time be established, and the certainty that it never can be 
done at less cost than now, and in view of the fact, also, that while creatiuj,' it we 
shall be contributing to the comfort and health and happiness of the present and 
coming generations, we can at the same time, by giving it the name of that great 
benefactor of the race, whose discoveries have grown into a solid hemisphere of 
republics, show our appreciation of the grandeur of his genius and the far-rea<"hing 
results of his work, and leave this testimonial as a heritage to future ages, we rec- 
ommend the passage of the bill. 

On March :?4 the bill came up in the House and w;is warmly debated. 
It was attackt'd by (General Spinola. who conceived the notion that 
there was a jjfreat real-estate speculation in it. Stroni; si)eeches in 
favor of the bill wen* made by Messrs. (^roui. Cannon, Atkinson, 
Moore, Hooker, Heard, and Hemphill, while Me.ssrs. Kerr. I'ayson, 
and lUount op[)t)sed it. The proposed luime of tl^' park was chan.i!:<Hl 
frtuii "Columbus M(>nu)rial" to "Colinnbus." Ilefore the considera- 
tion of the bill was comi)leted it went over. April :?S it canu.* upajrain 
in Committee of the Whole. An amendment by .Mr. Tayson toas.se.ss 
the benelits to adjacent l.inds was atrreed to. The l»ill was favora- 
bl)' repoi'ted to the House the same day and det'eated — ayes, 7s: 
noes, 8S. 

Mr. Hemphill, who ha<l voted in tin- neirative foi- the purp«)se, 
imiiu'diately mo\ed a reconsideration. 'I'he fiiends of the bill were 
not <li>couraj,M'd !iy the tenii>orary defi-at. An active and <'arcful can- 



O PARK SYSTEM OF THK DISTRICT OF COLUMBIA. 

vass made of the members absent or not voting led them to believe 
that the result might have been different in a fuller vote. On May 
26 the bill came up again, on the motion to reconsider, and the excel- 
lent work done meanwhile by the citizens' committee was shown when 
the bill was passed bj' a vote of 107 to 83. 

Tlie bill then M-ent to conference committee, where it underwent 
fui'ther changes. The conference committee dropped the name of 
Columbus and restored the name of Rock Creek. The House amend- 
ment i)roviding for assessing benefits to adjacent property was 
retained. The amount of $1,200,000 was appropriated, and it was 
l^rovided that the commission should be composed of the Chief of 
Engineers, the Engineer Commissioner of the District, and three citi- 
zens to be nominated by the President and confirmed by the Senate. 

Mr. Hemphill secured the consideration of the conference report by 
the House September 25, and the report was agreed to — ayes, 123; 
noes, 65. On the following day it was agreed to by the Senate. The 
next day it reached the President and liecame a law, having received 
his signature Saturday, September 27. (Appendix F.) 

In speaking of the acquirement of the park a Washington paper on 
October 4, 1890, said: 

Rock Creek Park is no longer a dream. For many years it existed only as a 
vision of rare loveliness m the minds of a few men. At the gates of the city 
natnre stood offering a park endowed with a wealth of beauty that limitless 
appropriations by Congress would not have called into being. Still those who 
recognized this invitation of nature found it weary work to impress a full sense of 
the glorious opportunity upon an unpoetical Congress. 

From year to year, from 1866 until 1888, the project was brought before Con- 
gress, but its friends became discouraged by repeated failures. There were among 
Congressmen a few who early appreciated the great desirability of reserving and 
dedicating to the perpetual use of the people this stretch of creek and valley, and 
such men never failed to speak and vote for the measure that came before the 
National Legislature having such an object in view. But their numbers were so 
small that after years of effort little hope was entertained that the project would 
ever be carried out. It was one of those bills for the general good which every 
citizen recognized as a desirable thing, but, which each, having no stronger per- 
sonal interest than his neighbor, left to depend entirely upon its genei*al goodness 
for making its way in Congress. 

Gen. Thomas L. Casey, Chief of Engineers, Col. H. M. Robert, the 
Engineer Commissioner of the District, Gen. H. V. Boynton, Dr. S. P. 
Langley, and Mr. R. Ross Perry composed the commission to enter 
upon the woi-k of selecting and platting the park. On the retirement 
of Colonel Robert his place was filled 1 y Captain Rossell, who had 
been acting as executive officer of the board. 

The park commission organized promptly and early in Octobei- had 
thoi'oughly explored the Rock Creek region and within a month had 
decided on the provisional boundaries of the park. The final map 
was filed ])y the commission on March 3, 1801, and the report of its 
findings as to value. 



I'AIIK SVSTKM (IF IIIK DISTRICT <»K CnUMUlA. *.) 

'I'hc yt'it iiiLT ])nssessic>n ol" tlie hiinl Inr park piiiiMiscs was vij,'i»i«iusly 
contested l>y iiiaux" <»!" the eonserval ive owners. ()ii Ajtril 17 an ofTer 
was sent to eaeh owner. ()nl\ a I'rw acc«'p1an«-<'>, air^M-e^'al inir abonl 
o(Hi acres, wi'i'c received. 

Hearings wei-e tlien j^rantod and all kinds ol' procedures were 
resoi'ted to by tln)se not acceptinij tlie terms of the commissioners, 
who in certain instances were foi-ced to in\<»ko tlie aid of tl)e courts 
to protect the despoilinfr of tlie piospeetive park property by the 
fellin;,' of ti-ees, etc., ])y the tlirifty owners, so soon to ])ai't with tlieir 
holdiui^s uiuler the law, and petitions, in certain instances, were liled 
with the courts for orders restraining; tlie commissioners Iroin iiiler- 
feriiiir witli i)i'ivate i)roi)erty ri^rhts. 

In .Ma\' the commi.ssion petitioned tlie courts lor a coiidcninati()n 
commission as provided for in the act. The pioperty owners in .lune 
petitioned to have the request of the commissioners foi- appraisement 
disallowed, 'llicy i)leaded the unconstitutionality of the act: they 
])lcaded almost evervthin<; known U) the stal ute or common law, but in 
vain, foi- in July the court in j,'eneral term denied the jx'tition of the 
owners, and .lames L. Noi'ris, (t. J. SeufTerle, and Norval A\'. r>urchell 
were apiK)inted appraisers. (.V])])endix (t.) 

The lonir and tedious work of hearinir testimony as to values was 
then bcjuiin. In Anirust the owners petitioned 1 he Supreme Court for 
a writ of eri'or, which was refused. It was not until October that the 
lieaiiuirs wei'i' finished, and then the arguments bepin. 

The <iuestion of mineral wealth was brou<jfht foi-ward. but the court 
in i^eneral term decided that the minerals were the propeity of tin* 
(iovei'ninent. ()uestion after (juestion was brought forward by the 
numerous lawyers; objection after objection w;;n brushed aside by 
the courts. 

On I)eceml)er 1'." the boai'd of appraisi'rs made its i-eixtit. awarding; 
in the ajLijri'ejrate «l,l(»5,'.»o7 to the owners of i)roi)erty within the limits 
of the pi'oposed i)ark. Tliis amount, to;i:ether with -^:.'4i>,(«i(i pai<l to 
property owiu'rs w ho had accepted the prices offered by the commis- 
sion, exceeded the appropriation of *l,J()().n(Hi made for the park. 

To be more specilic, a survey was made durinii" tin* wintei* of ISOO 
and IS'.M under the tei-ms of the act. This survey majjped out for 
paik pui'poses ],!»o7 aci-es of land situated as loUows: 

ru'Lcinninjr at the Klinirle Ftu-d roa<l, a strip of laml follows both 
sides of the ci-eek and 1.200 feet wide to the Hidad llranch and lUajr- 
den Mill roads. Above these points it was boun<led (»n the east by 
Sixteenth street extended and IMaudeu .Mill roa<i; on the muth by the 
District line, and on the west by the Daniels, Military, ami Hroad 
Branch loads. This ma]), rejjresentinir 1,'.'.'»7 acres, was api»rovcd by 
the President and filed amoni; the land records of the District of 
Columbia on April 1<>, 18!»1. 

The amount appro]>riated foi* the purchase <>f the ]>aik bei»i'_' m^nf- 



10 PARK SYSTEM OF THE DISTRICT OF COLUMBIA. 

fic'ieut under the appraisemeut, the park boundaries were reduced, in 
order to fall within the limit of available funds. This was done by 
dropping" part of Rosemont Park, a number of tracts along Sixteenth 
street extended, and portions of the Van Riswick, BroAvn, and otlier 
tracts near the District line. The purchase was completed on April 
1.3, 1892. Other pieces were subsequently added by purchase and 
donation, and the park now includes a little more than 1,600 acres. 

"After all manner of trials and tribulations," said a local paper, 
"and in the face of unreasonable opposition," (Appendix H) the 
effort to provide this city witli a park worthy of the nation's capital 
has reached a triumphant conclusion, President Cleveland having 
approved the recommen<lation of the Rock Creek Park Commission as 
to the final purchase of the necessary lands. This concluding pur- 
chase exhausts the money which Congress placed at the disposal of 
the commission, and although the total acreage of the park is about 
300 acres less than the commission hoped to be able to secure, the 
results as a whole are highly satisfactory. With the acqnisition of 
the several tracts referi-ed to in the request of the commission it will 
be possible for .those who will control park improvements to provide 
an artificial lake, which will at once be a source of pleasure and an 
aid to sanitation; for, without material lowering of the lake waters, 
low^er Rock Creek — now nothing but a sewer — may be flushed as fre- 
quently and as effectively as the authorities desire. The Washington 
of to-daj^ is grateful to those whose energy is responsible for the crea- 
tion of the park; the Washington of fifty years hence will be iiiuch 
more grateful. However great the credit awarded to the citizens 
whose efforts resulted in securing the park legislation, no small debt 
of gratitude is due b}' the pul)lic to the park commissioners and espe- 
cially to its representative in court, Mr. R. Ross Perry, for a steady 
loj'alty to the trust imposed in them and a vigorous management of 
the affairs intrusted to them tliat preserved what the citizens commit- 
tee had won." 

Thus this most beautiful Rock Creek Valley was acquired and set 
apart as a public park or i)leasure gronnd for the benefit and enjoy- 
ment of tlie people of the United States; Rock Creek, the banks of 
which Joel Barlow selected for his home; Rock Creek, the stream on 
which John Quincy Adams built and, in the wildest nature, free from 
toil and care, made a home ; Rock Ci^eek, where the lamented scient- 
ist, George Brown Goode, sought much-needed rest; Rock Creek, 
which was the delight in life of John Howard I'ayne and on its banks 
in death he finally found his "Home, Sweet Home." 

niPROVEMEXT OF ROCK CREEK PARK. 

On October 0, 180(5, I had the honor of introducing a resolution in 
the Brightwood Citizens' Association in regard to the improvement of 
Rock Ci-eek Park. The Evening Star's report of the meeting is in 
part as follows: 



PAUK >VSTKM OF Til K DISTRICT OF CMLIMIUA. 11 

KOCK iKKKK I'AKK. 

The president called Dr. C. G. Stone to tlie chair, and then followed the must 
important feature of the evening. Pi-esident Cox stated tliat, in his judgment, 
the question of the improvement of Rock Creek Park shouUl receive the imme- 
diate attention of the association. He said in i)art: 

•' Over six years liave elapsed since the art establishing the Ruck Creek Park 
became a law. Five years have passed since its present boundaries were finally 
determined upon. Yet. so far as I am aware, not a single dollar has been sjjent in 
making it accessible to the people for whose recreation it was purchased; and to day 
the romantic valley of Rock Creek, only a few hundred feet west of us. with all its 
natural l)eauty. remains as wild and almost as unobserved as it did wlien prehistoric 
men made their stone axes in the ((uarries on its banks. 

"If this magnificent natural park is to be what it was intended to be. it is now 
full time that roads and i)athways be made to and through it: Vmt. in ab>olute 
harmony with all its wild surroundings, until this is done, our people can not have 
free access to this the most beautifial region xwssesseil by any ciry or any country for 
a park. With a view of calling the attention of the Commissioners and Congress 
to this matter, and with a view of making the jiark symmetrical and even more 
picturesque— a park worthy of a great people— I offer the following resolutions: 

" • Whereas under the act of September 27, ls<JO. authorizing the establishment 
of a public park in the District of Columbia, there was acquired a most pictur- 
esque tract of land lying on both sides of Rock Creek, from Klingle Ford bridge 
to the State line of Maryland, which, under the law. is to be i)erpetu;dly dedicated 
and set apart as a pleasure ground for the benefit and enjoyment of the people of 
the United States; and 

•••Whereas the said park is inaccessible to those for whom it was create'!, for 
want of proper roads and entrances: Therefore, be it 

••" f\efioli\'<K That the Brightwood Avenue Citizens* Association petition the hon- 
orable Commissioners of the District of Columbia to recommend and urge upon 
the Congre.ss of the United States the necessity of making an appi-opriation of at 
least .iJlUO.UOO to enable the legal custodians of the park to begin to carry out the 
provi.sions of the law, for laying out and prejjaring roadways and bridle paths to 
be used for driving and horseback ri<ling. resi»ectively. and footpaths for pedes- 
trians, and al.so to preserve from injury or spoliation all timber, animals, or curi- 
osities within said park and their retention in their natural state as nearly as 
pos.silile. 

•••liisnlntl. That in order to make the said Rock Creek Park more accessible 
and to preserve its beauty and symmetry Sixteenth street should form the eastern 
boundary of said park from Blagden Mill road to the District line. 

•• ' Ri'solinl That on account of its great natural beauty, the tract cf land, about 
000 feet in width, lying on either side of Piney Branch stream, from its junction 
with Rock Creek to Columbia avenue. shouM also be made a part of Roek Creek 
Park. 

" ' A'<.s. )/)•((/, That the honorable the Commissioners of the District of Columbia 
be reijuested to make a preliminary survey of the land herein mentioned and an 
estimate of its cost, and prepare plats of the same, together with such bill or bills 
for obtaining .said land by juirchase or condemnation, ami submit to and urge the 
passage of these measures by the Coiigress of the United States. 

•• 'Resoh-xl, That a copy of these resolutions be furnished to the Commissioners 
of the District of Columbia and to the Senat*' and House Committees on the Di.s- 
trict of Columbia."" 

Mr. Cox illustrated his remarks with a \Ant showing the boundary lines of the 
park and the proposed new lines. It was estimated tliat the lar.d desired to be 
added to the park contained about 50 acres. He also exhibited a series of artistic 



12 PARK SYSTEM OF THE DISTRICT OF COLUMBIA. 

photographs he had taken of charmiuu: Aiews m the Rock Creek region. Con- 
cluding, lie said: '■ This is not a matter limited to this association nor the citizens 
of the District onl}', nor to the thousands of visitors to the nation's capital, but 
to every citizen of the United States, most of whom will visit Washington some 
time in their lives. 

Remarks were made by the majority of the members befo e the final action was 
taken on the resolutions. Mr. E. T. Bates made a special argument as regarded 
the parks of other cities and the question of extravagance should the improve- 
ments be made to the pttrk. He said: 

"There need be no hesitancy through fear of extravagance in this matter. This 
city is far behind many of her sister cities in the sums expended for parks wherein 
the public maj' seek relief from the heat and depressing effects of asphalt and bricks. 
>7ew York City owns about 40 parks, one of which alone cost over 86,000,000. 
Fairiiiount Park, in Philadelphia, cost over -sti.OOO.OOO; Prospect Park, Brooklyn, 
nearly s4, 000, 000, and Baltimore. St. Louis, Boston. Buffalo. Albany. Richmond, 
Bridgeport. New Haven, and numerous other cities have spent enormous sums in 
providing rural parks. In Europe the leading cities had in recent years expended 
great sums in adding to the area of their rural recreation grounds. Why, then, 
should Washington, the capital city of God's most favored ccuntry, be unprovided 
for in this respect? Nature has been most lavish in furnishing the materials, and 
this magnificent aggregation of natural attractions has been purchased and given a 
name; but yet to-day onlj- by name is it known by ninety-nine one-hundredths of 
the citizens of the District, simply because the doors are closed, and it will necessi- 
tate the expenditure of a few thousand dollars to properly open them.'' 

The resolutions were then unanimously adopted. 

The same issue, speaking- of these resolutions editorially, said: 

IMPROVED ROCK CREEK PARK. 

The resohitions adopted last night by the Brightwood Avenue Citizens' Associa- 
tion toward executing the provisions of the law for laying out, preparing road- 
waj-s and footpaths in, and saving from spoliation Rock Creek Park, thereby 
making it accessible to the public, will commend themselves to the citizens of the 
entire District. As forcibly stated by the president of the association, over six 
years have elapsed since the act establishing the jiark became a law; yet up to the 
present time no money has been spent in making it accessible to the people for 
whose benefit it was purchased. If this magnificent park is to be what it was 
intended, the Commissioners of the District should incorporate in their forthcom- 
ing estimates to Congress provision for making the park accessible and commenc- 
ing the much desired improvements as soon as the necessarj' funds are available. 

The second proposition, to make Sixteenth street, or Executive avenue, the east- 
ern boundarj' of the park beyond Blagden Mill road is vei'y desirable. In the 
original act Sixteenth street was to have been the eastern boundary of the park. 
Owing, however, to lack of sufficient funds the land could not be procured, and 
the boundary line was therefore made exceedingly irregular, leaving several small 
sections of land belonging to private individuals intervening between the line of 
Sixteenth street and the present eastern boundary of the park. 

The valley of Piney Branch at its junction with Rock Creek, adjoining Mount 
Pleasant, is especiall}- beautiful, and forms one of the few natural entrances to 
the park. The proposition to aciiuire this land, on either side of the stream from 
the present boundary of the park to Piney Branch road, as an addition to our 
park system is also to be commended. 

In connection with the street extension plans of tlie Disti-ict of 
Columbia, Maj. Cliarles F. Powell submitted a plan connecting the 



I'AKK SVSTKM OF 1 H K DISTKK T oT (OMMHIA. 1 .'J 

forts of liic <'i\ il Will- in tin- Disirid ol ( '(>luml>i;i l>y a ImmiIcn ar«l or 
foit ilri\r. A lull (U'scripl ion, v\iili iiiaji, is |iulilislM'<l in llic Wasli- 
inulon papers t)t' .May i.'-">, 1 •'>'.•'■>. 

Too nmrii praise can not \)" i^ivm (i«'n. .lolni .M. Wilson, ('irh-lor 
Kn^ineers; Capl. Lansini; II. iM-adi, Kni^jncor t'ominissioncr, and 
.Mr. W. P. liichards, ilic assislani cniiincer ami c.xccnlivo olliccr <il" 
tile Ixtard of control, foi* tlie intelligent manner in wliieli tlicy have 
jterfornu'd their dnlies and in ac<-omplishin.i; so miwh for the 
improvement of Koek (reck Park with the small fnnds availal»!e for 
the ('peiiinir uj> to the pui»lic of i his most licanl ifnl re;iion as set forth 
in l*ark lmj)rovenu'nt Paper No. 1. 

Tile Eveninjr "Star" of September 1, l'.)o(», said: 

There are drives and drives around Washington, beautiful drives that lead 
through unrivaled sylvan scentTy, turning from one allurement to twist toward 
another, rising from one exquisite vista to descend and bring to view one even more 
superb and commanding. No city in the world i.s so fortunate in such po.ssessions 
as the capital city of the world's greatest nation, when the pictures(iue i.-^ considered 
and the panoramic variety that greets and delights the vision so constantly is 
regarded, and n > matter in which suburban direction the District is traversed, to 
say nothing of Virginias heights to the southwest of us, the seeker for the lovely 
and satisfying is sure to be rewarded most amply. In its city parks the nations 
capital is also fortunate above all others, and in a few years it is destined to be 
endowed even more richly witli vast domains of pleasure and recreative places 
beyond the city limits, while at the river front will be a beautiful breathing spot, 
which will make all capitals, whether of States or nations, envious, indeed. Rock 
Creek Park is to be world famous one of these days. Naught else can be its destinj*. 
Its untouched natural beauties are now .scarcely in their prime, and will be slow 
to reach the maturity that in real nature remains perfect so long. Few j'cople in 
Washington are yet ac(iuainted with this royal principality of the pictures(|ue so 
near their very thresholds. 

There is a vague understanding that a considerable amount of unimproved prop- 
erty lying on either side of Rock Creek, and including the valley of that e.\<iuisito 
stream, and extending from where the Zoological Park ends to the District line, 
has been purchased for park purposes, but few in comp:irison to the jiopulation 
have anything more definite about it in their minds. It may be interesting to 
know, therefore, that Rock Creek Park is twice as large as Central Park, n[ion 
which (tre;iter New York plumes herself with so much pride, and that m natural 
beauties Rock Creek Park is a hundred times murh superior to the much vaunted 
parallelogram on Manhattan Island. Central Park is 2^ miles long ami half a 
mile wide, and contains sou acres. Rock Creek Park is .3 miles long and at its 
narrowest i)art for a very short distance is t,.")(io feet wide, spreading ciuickly to a 
mile, and contains 1,(>(K) acres. 

Steadily and surely it is being improved, and in the matter of drives .-ind roads 
this is particularly so. Capt. Lansing H. Beach, the Engineer Con.missioner of 
the district, may be justly regarded as the guardian angel of Rcx-k Creek Park. 
There is a commission, as is well known, that has the park under control, but 
Captain Beach is the moving spirit in the transformation now in progress, and 
his effective vicar in the good work has been and is Mr. W. B. Ricliar<ls. of the 
Distaict engineer's oftic-e. 

"If you want to know anything about Rock Creek Park." e.vclaimed Caittain 
Gaillard, Acting Engineer Commissioner, to an intjuiring Star reporter, "see Cap- 



14 



PAKE SYSTEM OF THE DISTRICT OF COLUMBIA. 



tain Beach when he comes back, or see Mr. Richards, his right hand. now. They 
are the genii of that quarter of the District." 

The park is no new flame of either gentleman. Captain Beach began the work 
of improving the property three or four years ago in a unique manner. There was 




much underbrush to be cleared around existing roads and similar cleaning up to 
be done, and he set the chain gang to work upon it. Following that he asked that 
Congress give authority to expend a sum of between $2-4,000 and §25,000 remain- 
ing over from the money appropriated for purchasing the park, and this being 
granted the money was spent last year in road improvement. This year an appro- 



I'ARK SVSTKM <»K THE DISTKICT OF COLlMlilA. 15 

priation of .si 5.01)0 was secured. Captain Beach had asked for $;W,000, which was 
little eijou:;h. it would seem, where so much was at stake, but the natioual iefjis- 
lators cut this sum in half, and what he has accomplished and is accomplishing 
with it is pointed out in some of the succeeding parajrrajjhs. 

ROCK CREEK DRIVE. 

The Linnean Hill road, by which Rock Creek Park is directly reached after 
leaving Park avenue. Mount Pleasant, had a very steep grade — something like 10 
feet in 10(i— that was both difficult and dangerous for driving. This obstacle no 
longer exists. It has been eliminated by making a road to the north along and 
around the side of the hill, making a graceful curve, and being taken across Piney 
Branch over a bridge 300 feet long. 

When a person has gone thus far in his carriage or automobile, or on his horse 
or bicycle, or afoot, for the matter of that, if his mind and mu.scle can be inspired 
by the beautiful, keep right on and follow the smooth macadam. It will be found 
to traverse beantifnl miles of what is destined to be known the world over as Rock 
Creek drive. 

Philadelphians have their Wissahickon drive, which they are proud to expatiate 
upon. The most loyal Quaker in the brotherly city would hesitate to mention 
Wissahickon after rolling along this new and glorious drive through the national 
city's new pai-k. 

After descending a gentle grade beyond Piney Branch bridge, the road runs 
down to and crosses Rock Creek to its western bank near the site of old Pierce's 
mill. Thence it winds through the lovely valley, closely skirting the stream, and 
the manner in which grades of tediousness have been overcc^me and natural beauties 
preserved in the])rosecutionof the workis a triumph of engineering and landscape 
gardening as well. Where the drive has been taken along the side of the hill, for 
instance, it has been built there with material brought from either end. and the 
unseemly, jagged, angled cuts so frequent in such construction are lacking. In 
every foot of it, whenever there was faint possibility for such a thing, the natural 
beauties have all been observed; indeed, almost tenderly so. 

Still skirting the west bank of the creek, the drive reaches the former site of his- 
toric Blagdeu's mill, and here another engineering victory begins. The mill for- 
merly .secured its power from water conveyed to it by a race which was fed from 
Rock Creek a few hundred yards above. This old mill race has been utilized as a 
part of Rock Creek drive, and so well has the work been done that no one could 
tell that it had not been always a roadbed. At the point where the race joined the 
creek is a liridge across the latter, and to and above the Military road the drive 
skirts the east bank of Rock Creek. The scenery increases in beauty antl now and 
then winds in and out of a natural meadowsparkling with promise of fall tlowers. 

The macadamized roadbed of the drive does not extend farther at present than 
the Military road, but the drive itself continues to the upper end of the park, and 
is a dirt road in excellent condition, and only muddy in i>laces in very wet weather, 
but at any time the scenery is worth the trip. Work is now progressing on another 
road, which will connect the drive with the Seventh street road near the District 
line, thus giving the park a new outlet. 

Some idea of the easy character of the drive, so far as grades are concerned, may 
be obtained from the fact that in the T,Oi>o feet— which is the distance from Blag- 
den's mill to the M ilitary road— the entire length of the drive being nearly ."» miles — 
the rise is only 00 feet, and so slight is the incline that it seems to be jierfectly 
level throughotit. 

OTHER WORK IN PROGRESS. 

The work outlined above, however, is not all that is beinc done in the park. 
The Ridge road, which may be located upon the accompanying map, is being 
rapidly improved and will shortly add another link to the notable network of 



16 PARK SYSTEM OF TflE DISTRICT OF COLUMBIA. 

drives, aud a most romantic one. Blagden avenue is also being opened from 
Sixteenth street extended to the Rock Creek drive, thus giving another new 
entrance to the park, and doing away with the necessity for drivers to risk the 
danger of the deep descent on the Blagden road. To see the beauties of Rock 
Creek Park and realize their manifold character in hill and valley, vista and dell, 
and at the same time be assured of first-class road surface for any kind of vehicle, 
one is advised to make his way by the Rock Creek drive to the Military road, up 
that road westward to the Broad Branch road, and back over the latter, a most 
entrancing journey to the starting point. A glance at the map will show the 
route suggested. 

It is fitting, in conclusion, to remark upon the economy which has distinguished 
the work done in tiie park. The cost of macadamizing a road, exclusive o! making 
the roadbed itself, is usually about $3 a foot. The entire cost of road making and 
macadamizing the drive was this sum per foot. This saving was accomplished 
by crushing the rock taken out of the road line and using the material in mac- 
adamizing, 

lu conelusioii I submit a map showing the phiu of counectinii Rock 
Creek Park with the Potomac Park on the south as recommended by 
the committee on parks and reservations of tlie board of trade, also a 
letter from Capt. H. C. Looker, surveyor of the District, explaining 
the same. 1 also inclose a water color plan showing a proposed 
Georgetown entrance to the i^ark system, 

I am, sir, j^ours verj^ respectfully^, W. V. Cox, 

Hon. .Tames McMillan, 

Chd.irman, etc., United States Senate. 



Appendix A. 

[Senate Mis. Doc. No. 21. Tliirty-uiutli Coiig)'i-'s.-<, second session.] 

Oommunicatioii oi N. MLchler, major of engineers, to the chairman of the Committee on Public 
Grounds and Buildings relative to a suitable site for a public park and Presidential mansion, 
submitted to accompany the bill (S. 549) for the establishment and maintenance of a public 
park in the District of Columbia. 

February 13.— Ordei-ed to be printed. 

Washixgtox City, Janudvy ::>. 1S67. 

Su:: In compliance with the contents of your letters of the 24th and 26th of 
July, 1866, addressed to the honorable Secretary of War, I was detailed by the 
Chief of Engineers, with the consent of the General in Chief, to carry out the 
views of the committee in regard to the special duty assigned me. In the letters 
referred to, you requested that an engineer officer be detailed to make the neces- 
sary preliminary surveys and maps of certain tracts of land adjoining or near this 
city for the purposes of a public park and also a suitable site for a Presidential 
mansion, and which, in the language of the Senate resolution of the 18th of the 
same month, "shall combine convenience of access and heathfulness, good water, 
and capability of adornment;'" in addition to this to ascertain, if practicable, the 
price of said lands. 

After a carefiil examination of the mai:}^ beautiful localities to be found in the 
vicinity of the capital, and having caused an accurate and detailed survey of its 
environs to be made, I now have the honor to submit for your consideration the 



I'AKK SYSIKM i»F THK DHTKICT 0|- COLl'MH! A". 17 

conclusions to which I have arriviil. In connection with this report two iireliini- 
ofiry majis have been prcpareil. which will show more ]lainly than words can 
express the recinired information and the respective advantages of the different 
sections. The Senate resolution would seem to imi)ly that one and the same tract 
of land should be designated for a site for gi-onnds for a Pre8i<k'ntial mans:on as 
well as for a itnl)lic park; but as it is not definitely ho stated, it has been judged 
best by me to separate the subjects. Should sudi not be the intention of your 
honorable committee it will be easy to combine the two, where so many splendid 
situations present themselves from which to make a selection. As it is designed 
to Ituild a home for the President to which h" can retire from the active cares and 
business of his high office, and where he can secure that ease, cfimfort, and seclu- 
sion so necessary to a statesman, it would seem best to locate it away from the 
constant turmoil of a city life, at such a distance where his privacy can not easily 
be intruded upon, and stiil sufficiently accessible for all practical jiurposes. 

In the first place, let me consider the subject of a public jtark. Where so mui h 
has been written on so interesting a feature to any large city as that of a park, 
and where the necessity of public gi'ouuds, either for the sake of healthful recre- 
ation and exercise for all classes of society or for the gratification of tl-.eir tastes, 
whether for pleasure or curiosity, has become apparent to every enlightened com- 
munity, it would seem to be unnecessar}' for me ro dilate further upon the matter, 
to say nothing of the natural or artificial beauties which adorn the park, and so 
cultivate an appreciative and refined taste in those who .seek its shades for the pur- 
pose of breathing the free air of heaven and admiring nature. It c. rtainly is the 
most economical and practical means of providing all. old and young, rich and 
poor, with that greatest of all needs, healthful exercise in the country. 

To accomplish these ends there should be a spaciousness in the extent of the 
grounds, not merely presenting the appearance of a large domain, but in reality 
possessing many miles of drives and rides and walks, all independent of tac-h 
other, and either open or protected so as to be suitalile for the difi:erent seasons. 
There should be a variety of scenerj-. a happy combination of the beautiful and 
picturesque— the smooth plateau and the gently undulating glade vieing with the 
ruggednessof the rock ravine and the fertile valley, the thickly mantled primeval 
forest contrasting with the green lawn, grand old trees with flowering shrubs. 
Wild, bold, rapid streams, coursing their way along the entire length and breadth 
of such a scene would not only lend enchantment to the view, but add to the capa- 
bilities of adornment. While nature lavishly offers a succession of falls, cas- 
cades, and rapids, to greet the eye as the waters dash through some romantic vale, 
tln^ hand of art can be iised to transform them into ponds and lakes as they gently 
glide through the more peaceful valleys, therebj- rendering them the means of 
pleasure and recreation for boating or skating. What .so useful as an abundance 
of water, or so ornamental when converted into fountains and jets to cool the 
he I ted atmosi)here? It furnishes, also, opportunities for the engineer and artist 
to display their taste in constructing ornamental and rustic bridges to span the 
stream. 

An attempt has been made in a few words to describe the purposes and beauties 
of a public park. In no place has nature been more bountiful of her charms than 
in the vicinity of this city, and all can be found so near and accessible; the valley 
of the Rock ("reek and its tributaries, the Broad and PiTiey branches and the sev- 
eral minor rivulets, with the adjoining hills overlooking these beautiful streams, 
present the Capital of the nation advantages not to be lightly disregarded in pro- 
viding a park worthy a great people. All the elements which constitute a public 
resort of the kind can be found in this wild and romantic tract of country. With 
its charming drives and walks, its hills and dales, its pleasant val'eys and deep 
ravines, its primeval forests and cultivated fields, its running waters, its rocks 

PARK— 01 2 



18 P.AKK SySTKM OF THK DISTRICT (>F COLUMBIA. 

clothed with rich ferns and mosses, its reuose and tranquillit.v, its light and shade, 
its ever-vai'yiiig shrubbery, its beantifnl and extensive views, the locality is 
already possessed witli all the featirres necessary for the object in view. There 
you can find nainre diversified in almost every hue and form, needing but the 
taste of the artist and the skill of the engineer to enhance its beauty and useful- 
ness; gintle pruning and removing what may be distasteful, improving the roads 
and paths and the construction of new ones, and increasing the alreatiy large 
growth of trees and shrubs, deciduous and evergreen, by adding to them those of 
other climes and coimtries. A list of the various trees and shrubs, and vines and 
creepers, to be found already flourishing in the region described, and also the 
nature of the soil, will be appended to this report. A glance at the map will show 
the topographical features of the country, and its accessibility to both Washing- 
ton and Georgetown. 

The valley of Rock Creek occupies a central position to both, as it lies between 
the Tennalytown road on the west, one of the most prominent thoroughfares lead- 
ing out of the city, and the Fourteenth Street road and Seventh Street turnpike on 
the east, two of the finest communications running in a northerly direction from 
the other. From these main highways mauy branches cross the valleys or follow 
along the banks of the stream; these transverse roads already form beautiful 
drives. Rock Creek winds along for more than 4 miles through the center of the 
proposed grounds, receiving at convenient points the waters of the Broad and 
Piney branches, and several smaller tributaries. For a short distance it courses 
through a narrow but beautiful valley, then wildly dashes for a mile over a suc- 
cession of falls and rapids, with a descent of some 8 feet, the banlcs on both sides 
being bold, rocky, and picturesque: then passes again through narrow valleys or 
between high, bluff banks. At many points the creek is capable of being dammed, 
thus forming a series of lakes and ponds for useful and ornamental purposes. 
The many deep ravines setting in towards it can furnish romantic walks and quiet 
retreats for the pedestrian. The larger part of the ground is thickly wooded and 
capable of great adornment. Here we find the several varities of oak, the beech, 
the locust, the mulberry, the hickory, the sassafras, the persimmon, the dogwood, 
the pine, with a great many shrubs, vines, and creepers growing, climbing, and 
trailing throughout the woods. Beautiful vistas, artistically arranged, can be cut 
through them, exhibiting distant points of landscape, while charming promenades 
can invite the wanderer to seek cooling shades. Nature has been so rich in her 
vegetable creation that the plan of transi)ianting trees of large growth, which has 
been adopted in most of the modern parks, will be unnecessary. There are some 
few country seats, such as Blagdens, Pierce's, and Wal bridge's, which have been 
highly cultivated; should it be found desirable to erect the Presidential mansion 
within the inclosure of the park the first-mentioned site possesses many advan- 
tages, both ornamental and valuable. Here and there some prominent point 
offers commanding views of the siirrounding country, where observatories can be 
located, conservatories built for exotic plants, and geometrical flower gardens 
planted. Back from the stream some level plateaus extend, which can be appropri- 
ately employed for zoological and botanical gardens, grounds for play and parade, 
and many other useful purposes. 

The map shows the most desirable localities, the surveys having bt en made in 
great detail. The lay of the land is such as admits of thorough drainage, and the 
nature of the soil offers all the facilities for building good roads. The granite and 
limestone rocks which are found outcr.)pping at different points will furnish the 
materials for their superstructure. In fact, every facility is offered for laying out 
and constructing a grand national park. 

The questions now arise as to what should be the extent of the proposed work 
and the probable price of the land. As it should be one worthy of the capital of 
the nat.on, and as the ground can be secured at a reasonable price before being 



I'AKK SVSTKM <>l- IHK DISIIJK T ^,y ('<•!. IMIUA. 1 '.> 

occupied by costly suburlian villas, it 'is i-espectfnlly recommendetl to th«' honor- 
able committee to purchase at once a surticie-nt number <if acres burderin;; on 
Rock I'reek to antit-ipate the future growth of the city and its increasim; po-iuhv- 
tion. With the view of retaining as much of the pictures<iue scenery along the 
stream and of also embracing the sites of some few of the forts on the nfirth, con- 
structed for defense of the city, which have become historical, and from tlie i)ara- 
pets of which extensive views can be had, I have marked on the maps siich lines 
as may be satisfactorily taken as approximate bounds of th»' park. In case my 
recommendations should be considered too extravagant, I have caused a second 
series of lines to be drawn for grounds of more moderatf dimensions. The first 
tract woulil contain about "2. 510 acres, more or less, and the second 1,S()(). more or 
less. As there is so much difference of opinion as to the price of the land, the 
(juality and improvements varyinti: sorauch.it is a dilticult matter to offer any- 
thing more than an approximate appi a'sement. As the right of eminent ilomain 
empowers the (tov( rnment to take property;, ami as such property is the necessary 
incident to sovereignty, the (juestion would finally have to be settled by a com- 
mission appointed by some competent court. The price ranges from ><.'>0 to .$l.(i(K) 
j)er acre. A mean uf $'200 should amply cover the entire cost. It will be noticed 
that the southern limits, as drawn, of the proposed park do not approach more 
closely than necessary the city limits, leaving out, where possible, such sites as 
would greatly enhance the cost. Avenues leading along Rock Creek to the south- 
ern limits of the park should be opened. According to the above tigures the larger 
tract would amount to srjsO.otiO and the smaller one to s:jGO,OUO. As the work of 
constructing a park will consume many years, no longer delay than is absolutely 
necessary should be consumed in the preliminary arrangements for the passage of 
the necessary laws and the purchase of the lands. 

The dimensions of the most celebrated European parks ai'e as follows: 

Lomlnii.— AW parks in and near London, including gardens, squares, and parade 
grounds. ti.OOo acres, Hyde Park. :JS0 acres: Regent's Park. :}72 acres: Windsor 
Little Park. :{0() acres; Kensington, '2'2'i acres: Windsor Great Park, ;^,"i(i'i acres; 
Richmond Park, •2,'i')0 acres. 

Ijnhlin. — Phu-nix Park, about -'.ouO acres. 

Garden at Versailles. :'.,00;i acres: Bois de Boulogne. 2.1.")S acres; Munich. Eng- 
lischer (Jarten. about ."ino acres: Vienna, Prater, l,.")(i(i acres; Birkenhead Park, 
near Liverjiool. ISO acres. 

The Central Park of New York, the most important work of the kind under- 
taken in America, is over 2- miles long by lA miles in breadth, and contains over 
v^lO acres. There are about !l| miles «if drives. U* miles of bridle road, and some 
2.") miles of walks. The annual sum provided for the expense of maintaining it, 
to wit. .sb") t.o )i». is p-ported to be insufficient. The number of visitors cimtinues 
to incp'ase with each year; in ISii"). T,."j9i.i;{li persons entered. Hunting Course 
Park, near Philadelphia, and the Druid Park, nea- Baltimore, have also been 
constructed. The estal)lishment of parks is exciting great attention throughout 
the land, and adds vastly to the enjoyment of the people. 

SITK FOK A ritKSIDE.NTIAI, MANSION. 

I would now call the attention of your honorable committee to the remaining 
subject of this report — the .selection of a site for a Presidential mansion. In the 
memoranda submitted to the Secretary of War by letter of July 2(5. b'^tid. you 
requested •• that the ground known as Meridian Hill " and " the e.state of the late 
Washington Berry ■ should be particularly examined, as they are thought to con- 
tain all the requisite advantages for such a site; "also such other localities as may, 
in the judgment of the engineer," present eligible i)ositious for such a ptirpose, 
!n comidiance witii your wish. I m.ide special reconnoissauces and surveys ^'f the 



20 PARK SYSTEM OF THE DISTRICT OF CJ)LrMBIA. 

above-named places, as well as some others, which offer great inducements, and 
will now discuss each separately. 

I. Meridian Hill {Colonel Jlc.ssmore's estate). — This site is located due north 
from the present White House on the first range of hills bounding the city limits. 
It is easy of access, several avenues and streets leading in that direction. On the 
east it adjoins the lands of Columbia College, and on the west those of Mr. Little. 
The number of acres contained in this tract is 120, which, added to that of Mr. 
Little's 38 acres, gives a total of loS. The latter offered to sell to the Government 
at about (5 cents a square foot, or S2,G!3 per acre. On both these estates are eligi- 
ble building sites, the view towards the south overlooking the city and the valley 
of the Potomac being particularly fine. At one time some large forest trees added 
beauty to the scene, but most of them were destroyed diiring the war. There are 
no improvements, the old mansion hoiise having been destroyed by fire and the 
walls are alone standing. North of the site the land is nearly level, only slightly 
undulating. Although possessed of considerable advantages, there are several 
objections to this selection in connection with the object in view. Lying just 
above the j^lateau of the cit}' and not screened by any belt of timber, it is exposed 
to the miasmatic influences arising from the marshes of the Potomac. Again, it 
is too near the city to afford any retirement and repose for the Chief Magistrate. 
Already the street railroads approach, and nmnerous houses are being built on all 
sides of this site. 

II. Metropolis T7e(f — {Homestead of the late Wasliington Berry.) — This estate 
lies northeast of the Capitol, between the old Bladensburg road and Lincoln ave- 
nue, the latter a continuation of North Capitol street. It is distant from the Capi- 
tol about 2+ miles, and from the White House about 8 miles. It contains some 
850 acres, valued by the trustees at 8300 an acrO; with the improvements, including 
a very tine spring ; the whole is offered at §200,000. To the east of it lies Brent- 
wood, the fine estate of Mrs. Pearson; and to the west Glen wood Cemeterj-; and 
Harewood, the beautiful grounds of Mr. Corcoran. In front spreads out Ecking- 
ton, so many years the homestead of the late Mr. Gales, which contains 180 acres; 
the price of this land is placed at $1,000 per acre, with S2o,000 additional for 
improvements. Metropolis View is beautifully situated, having a high and com- 
manding position: it is partially covered with groves of fine old trees, deciduous 
and evergreen, and possessed of an abundance of timber. A fine spring rises in 
the place, and two small streams, tributaries of the Tiber, course through it. In 
nearly every direction the eye meets with charming landscape scenes, and it over- 
looks the Capitol and the broad vallej^ of the Potomac. This locality possesses 
many attractions, and is suscei)tible of great improvement. It is easy of access 
by some of the finest avenues and streets leading out of the city, and is at a verj' 
convenient distance from the most prominent public hnildings. 

Eckington is a very delightful place, but it is not sufficiently high to afford any 
extensive views. It ?hould, however, be piirchased in addition to the Berry 
estate, should INIetropolis View be selected as the site. The two tracts of land 
united would furnish amjjle grotmds to surround the mansion, and also open a fine 
park to connect with the citj^ on the direct line with the Capitol. The sum total 
of the valuation of both estates amounts to .S3o5,000, In regard to the healthful- 
ness of this locality, the opinions of those with whom I have consulted differ 
materially. Some think that the miasma carried up the valley of the Tiber from 
the Eastern Branch is very deleterious to health, while others, who have long 
inhabited these old homesteads, pronounce them to be verj' perfectly salubrious. 

///. Hareiroad {Mr. Corcoran's estate), — Among the many delightful drives 
around the city of Washington none can compare with those to be found within 
the inclosure of this delightful retreat. The grounds are most artistically arranged, 
and no expense has been spared in adorning them by all the appliances at the 
command of taste and wealth. 



rAKx SYSTKM OK Tii:-; n::Tri!.7 >.'F c '..'"MHia. 21 

The i:rouutl.s are imtnrany lioar.titiil and undn'at'ni,', and all that skill can 
accoiuplisli has beon applied to remler them most cluirmiiv-j and i)icture8(iue. In 
addition to the natural gi'owth of vogetatitn many trees and ])1antd of other 
climes and nations have bei-n introduced to impart their luxuriance to the scene. 
The estate covers some Jito acres, but as you follow th^' gentle windings of the 
drives and walks the imagination is led to believe it to be of much greater extent, 
(xood roads lead to it from the city. ni;iking it perfectly accessible. A fine spring 
furnishes a i)lentiful supply of water, and in jxiint of health it is all tliat can be 
desired. This spot, originally seli-cted by the proprietor upon which to erect a 
prince. y mansion, is one of the most beautiful situations among the ir»any fine 
ones in the environs of Washington. It would be a mo.st eligible site for a Presi- 
dential mansion. 

/r. 77(c hoiiK sli'dtl of Mr. Monciin' RobiiKsun. — This estate is now occupied by 
a brother of the })roprietor. the latter residing in the city of Philadelphia. It lies 
adjoining the lands belonging to the United States Military Asylum. The road 
which leads out of the city on tlie prolongation of North Cai)itol street and passes 
neai the home for the old soldiers almo.st <livides the place into etjual parts. TIjere 
are about Ti) acres in all. whi<h the owner proposes to sell at 81 .00 » per acre, with- 
out the improvements. These he values at x30.000. The mansion occupies one 
of the most eleva'ed jmsitions in the nei;ihborhood of Washington. An exteu.-ive 
panorama of the surrounding country lies before the beholder. From every p'>int 
of the compass the eye can dwell upon magnificent landscapes extending far into 
Maryland and Virginia and combining all that is beautiful and picturesque. In 
one direction the g.ize rests for miles on the waters of the majestic Potomac, and 
in another there are mo'in'ains and hills mantled with foi'ests. and plains and 
valleys hinhly cultivated. The jdace contains a large portion of heavy timl>er, 
and IS so situate<l as to offer numerous advantf.ges for improvement. From its 
u'reat height it will be f.ir above all malarious intlnences. There are fine springs 
in the neighborhood, w^hich furnish an abundance oi water for useful and orna- 
mental purposes. The locality is convenient to both cities. Through Washing- 
ton several avenues and streets lead toward the road above referre 1 to as connecting 
with North Capitol street. By this drive a .straight-line communication can be 
had with the I'aiutoi. the distance between the two being less than J milts. By 
the avenues and streets connecting with the Fourteenth Street road and Seventh 
Street turnpike, thence by Hoc'.v Creek Church road, a very direct drive of a little 
over [ miles can be had with the White House and the public buildings adjoining 
it. From Georgetown almost an air line can be had from Bountlary street, Tay- 
lors lane, and Rock Creek Church road, a distance of about 4 miles. 

Directly in front ol', or south of Mr. Robinson s beautiful locality, lie the very 
pretty grounds of Mrs. R. S. Wood, con.sisting of 4ii acres. The two must be 
insep3ral)lo should the Robinson site be selected for a Presidential mansion. They 
are valued at about .81,0(10 ]>er acre, not including the improvements. The two 
places can probably be purchased for .SloO.OOO. Mrs. Wood's tra<-t joins Harewootl 
on the south, and on the west that of the Military A'sx lum. The lands of the 
latter do not belong to the (rovernment, but are in trust for the old soldiers, and 
contain some '2')S acres. A reference to the ma]) wdl show the honorable commit- 
tee the peculiarly attractive features, both of position and general convenience of 
access, offered by the locality described above, containing in all about II I acres, 
sufficient for the necessary i.urjjoses of embellishment ami utility; and. lying con- 
tiguous to the already ornamented grounds of Harewoo<l an<l the Military Asylum, 
enjoying all the charms and advantages of those delightful jilaces. it would be 
difficult indeed to find a spot more admirably adapted as a retire*!. i»lea.sant home 
for th" President of the United States. 

A table of ilistances from the Capitol atid Executive M.insfou to prominent 
jxiints of interest is also added for the information of the committee. 



Table of distances. 



From 
From Execu- 
Capitol. ' tive 

! Mansion. 



Miles. 

To Mrs. Hobbies, (southern limit of propo.sed park) 3i 

Re.sidences of General Walbridge and Mr. Brown 3j 

Pierces mill I 4i^ 

Residence of Mr. Blagden I ii 

Fort Steven.s (northern limit of proposed park i b^ 

Meridian Uill. 3 

Metropclis View 3i 

Resideiice of Mr. Robinson 3j 

Residence of Mr.s. Wood . 3i 

Entrance to Harewood _ , 3 

Entrance to Old Soldiers' Home , 4 



Miles. 



In concluding this report, I would respectfully suggest to j'our honorable com- 
mittee the necessity of commencing the construction of the national park as soon 
as practicable. It is a grand and beautiful undertaking and shonld be prosecuted 
with the greatest energy. A stifficient appropriation for inclosing the grounds 
purchased, for improving and keeping in repair the drives and walks already con 
structed, and for the laying out of others should be made. For this purpose 
SI 00. 000 would be sufficient for present expenditures. 

I am, sir, very respectfully, your obedient servant, 

N. MiCHLER, 

Majov of Engineers. Brevet Brigadier-General, U. S. A. 
Hon. B. Gratz Brown, 

Chairman of the Committee on Pablie Buildings and Grounds. 

United States Senate. 

Note.— As an appendix to this report Major Michler incorporated certain re- 
marks " on the vegetation of the District of Columbia," by Dr. Arthur Schott. 



Appendix B. 

[S. .549. Thirty-ninth Congress, second session.] 

In the Senate of the United States. 

Januakv 28, 18C7, Mr. Brown asked, and by unanimous consent obtained, leave to 
bring in the following bill: which was read twice, referred to the Committee on 
Public Buildings and Grounds, and ordered printed. 

February V2, 18G7. — Reported by Mr. Brown with an amendment, viz, etc, 

A BILL for the establishment* and maintenance of a pnl)lic park in the District of Colnmbia. 

[Copy of the bill as amended and passed in the Senate J 

Be it enacted by the Senate and House of I\epre<entatircs of the United States of 
America in Congress asse'mble(K That a tract of land in the District of Columbia, 
along and adjacent to Rock Creek, embraced within the limits and designations 
of the survey made by Brigadier-General N. Michler. under the order of the Sec- 
retary of War, in pursuance of a Senate resoll^tion of July eighteen, eighteen hun- 
dred and sixty-six, and conforming in its boundaries as near as may be deemed 
expedient by the commission hereinafter established to the projected boundary 
lines of the park designated in said survej"^ (which survey and plat, approved by 



I'AliK SYSTKM (IK '||1K IH>.|K|( T nK (oUMMiA. 'JS 

the Coininitt-'es on Public BuiUlinps ami (tioiukIs of the Senate ami Hon;-o of 
Representatives, ami so indorsed, is hen-bj- ilirec-ted to be dei>OHited in the custody 
of the Secretary of the Interior), shall be purchased by the United States for the 
purposes of a public i-ark, free to all jiersons under such regulations as to police 
and jL^overnment as niaj* by proper authority be established. 

Sec. •-'. And he it fiiHln v viidchd. That for the purjiose of effecting such purchase 
of the ground inclosed within the designated survey, a coniniission is hereby con- 
stituted consisting of Brevet Ma.]or-General M.C.Meigs, Brigadier Gt-neral N. 

Michler. and . whose duty it shall be to negotiate with the owners and 

receive written proposals for the sale to the United States of their respective 
tracts of land, or of so many of such tracts or such parts of the same as sai*! com- 
missioners find can be had upon reasonable terms, and as vhey may deem nece-j- 
sarj' or desirable for the purposes of a public park. 

Skc. ;i. Andhi' it fnrtliff riiiictrd. That said commissioners, any two of whom 
shall be competent to act. shall make report to the next Congress, as soon as prac- 
ticable after its commencement, of their action in carrying out the jirovisions of 
this act. setting forth in detail all the agreements for purchase entered into by 
them,, the boundaries and estimated value of all tracts that may be necessary to 
condemn in conseiiuence of the failure to come to an)' agreements, and what por- 
tions, if any. may be omitted from such survey for a park without detracting 
materially from its advantages. 

Sei'. I. A)i(l he it fiirtlirr ciKicti'd, That all agreements and negotiations herein 
provided for or authorized on the part of said conimis.sionei-s. in the name and 
behalf of the United States, shall be made subject to the approval of Congress, 
and shall in no \\'ise bind the United States unle.ss so apjiroved. 

(Senate bills of the United States, Thirty-ninth Cougi-ess. > 



Appendix C. 

ROCK CREEK PARK. 

Jink -,'4. isjio. 

Sir: Pursuant to the letter of the 4th instant of the clerk of the Senate Com- 
mittee for the Di.strict of Columbia, referring to the Commissioners for their con- 
sideration Senate bill No. '2'>X4, which authorizes the appropriation of lands in 
the valley of Rock Creek for the purposes'of a public jtark. the Commissi»»ner8 
beg to state that they have gathered such information as was available in relation 
to the quantity and value of the land involved, and forward herewith a general 
plat and schedule exhibiting this information. 

The plat as drawn shows a park 1.000 feet in width from Lyons Mills, on R«K'k 
Creek, to the boundary of the District. The iiuantity of land is '.»['.» acres, and its 
valuatii>n upon the assessor's books, with the improvements thereon, is !i!loj>,.tiO. 
Should Congress decide to proceed further in this matter, important modifications 
would be made in tiie jilan by a careful consideration of the topography of the 
several portions of the proposed park. No uniform width need l>e a<lhered to. 
Where the banks are steep only such acreage would be recjuired a« would suffice 
to control the crest and slopes and provide for the construction of suitable drives. 
Where the elevations lie more remote from the banks of the stream a greater 
width would be reipiisite. It is probable on the whole that a conaiderat 
acreage than that given would be necessary, wliile on the otiier hand the a 
ments for condemnation might in some cases considerably exce<'d tlie valnations 
as derived from the books of the District assessor. It is believe<l. however, tliat 
the gross amount required for the purpose would be largely reduced by the wil 
ingness on the part of owners to dedicate sufficient ot their holdings to answer 



24 PARK SYSTEM OF THE DISTRICT OF COLUMBIA. 

the requirements at least of the needful drives, the construction and opening of 
which would immediately and greatly enhance the value of all adjacent lauds. 
The project of the proposed park is one that meets the unqualified and earnest 
approval of the Commissioners. In their judgment it is hardly possible to formu- 
late another that would be in every respect so advMutagvOus and advisable. The 
valley of Rock Creek, while nearly worthless fur occupation or settlement, is 
extremely picturescjue and possessed of numerous and varied natural advantages, 
and its conversion to public uses will secure to the caiiital a park and drive over 
7 miles in length of unrivaled beauty. 

The Commissioners believe that at some time in the future favorable action in 
this matter will certainly be had and that advantage should be taken of the pres- 
ent wild and unimproved condition of the valley to secure it. 

The bill appears to meet the requirements of the case, and the Commissioners 
have no amendments thereto to suggest at this time. 
Very respectfully, 

W. B. Webb, Presidvut. 

Hon. John J. Ixgalls, 

Chainnan Committee for District of Colmiibia. United States Senate. 

(Report of the Commissioners of the District of Columbia. 1887. p. 5."i." See 
also p. 31.) 



\ 



Appendix D. 

March 2, ISSO. 

Mr. Dibble. A parliamentary inquiry! 

The Speaker pro tempore. The gentleman will state it. 

Mr. Dibble. The question I desire to ask is whether a vote " a5'e "' now is an 
agreement to an expenditure of §200,000 for a zoological garden, reported by the 
Committee on Public Buildings and Grounds? 

The Speaker pro tempore. That is the pending question. The gentleman from 
South Carolina submitted a motion to the House that the House recede from its 
disagreement to the amendment of the Senate numbered 1'24. appropriating 
$200,000 for a zoological garden, and upon that question the gentleman from 
Georgia demands the yeas and nays. 

The j'eas and nays were ordered. 

The question was taken; and it was decided in the affirmative — yeas, lol: nays, 
98; not voting. '9-i. 

So the House receded from its disagreement to the amendment of the Senate 
numbered I'^-l, and the act passed the House, including a provision for the estab- 
lisment of the zoological park. 

District of Columbia act for 189.1 (Stat., XXV", p. MM. 

"Sec. 4. For the establishment of a zoological park in tlie District of Columbia 
$200,000, to be expended under and in accordance with the provisions following: 
that is to say: 

"That in order to establish a zoological park in the District of Columbia for the 
advancement of science and the instruction and recreation of the people, a com- 
mission shall be constituted, composed of three persons, namely, the Secretarj* of 
the Interior; the president of the I'oard of Commissioner.s of the District of Colum- 
bia, and the Secretary of the Smithsonian Institution, which shall be known and 
designated as the commission for the establishment of a zoological park. 

'■ That the said commission is hereby authorized and directed to make an inspec- 
tion of the country along Rock Creek, between Massachusetts avenue extended 
and where said creek is crossed bv the road leading west from Brightwood crosses 



PARK SVSTKM OK TMK DISTliUT Oh fOl.IMIUA. 25 

said creek, ami to select fnmi that district of conutry such a tract of land, of not 
less than 100 acres, which shall inclndo a section of the creek, as sai*! commidsion 
shall <leem to be suitable aiul ajipropriate for a zoological park. 

"That the said commission shall cause to be made a careful ma;i of said zoo'.o;,'- 
ical park, showin^c the location, (jnantity. and character oi each parcel ol private 
jiroperty to be taken for siich purpose, with the names of the respective owm-rs 
niscribed thereon, and the .said map shall be filed and recorded in the public rec- 
ords of the District of Columbia; and from and after that date the several tracts 
and parcels of land emt)raced in such zoological park shall lie hebl as condemned 
for public uses, subject to the payment of .just compensation, to be determined by 
the said commission and apjirovt d l)y the President of the United States, jirovided 
that such conipensation be accepted by the owner or owners of the several j arcels 
of land. 

■'That if the said commission shall be unable to purchase any portion of the 
land so selected and condemned within thirty ilays after such condemnation, by 
aj?i-eemeut with the respective owners, at the price approved by tlie Presii'ent of 
the United Sates, it shall, at thtt exjiiration of such period of thirty days, make 
application to the supreme court of the District of Columliia. by petition, at a 
general or sjiecial t^rm. for an a.ssessment of the value of such land, ami said peti- 
tion shall contain a particular description of the property se'ected ar.d condemned, 
with the name of .the owner or owners thereof, and his, her. or their residences, 
as far as the same may be ascertained, together with a copy of the recorded map 
of the park: and the said court is herel)y authorised and required, upon such 
application, without delay, to n .tify the owners and occnj.ants of the land and to 
ascertain and assess the value of the land so selected and conileniued by ai point- 
ing three commissioners t) appraise the value or values tin reof. and to return the 
appraisement t > the court; and when the values of such lands arc tliu-^ ascer- 
tained and the President shall deem the same reasonable, said values shall be paid 
to the owner or owners, and the United States shall be deemed to have a valid 
title to said lands. 

■•That the said commission is hereby authorized to call upon the superintendent 
of the Coast and Geodetic Survey or the Director of the Geological Survey t • make 
such surveys as may be nece-sary to carry into ettect the provi.sions oi this sec- 
tion; and the said officers are hereby authorized and required to make such sur- 
veys under the direction of said commi.ssiou. 



Appendix E. 

(House Ri'itort No. 38<W. Fiftieth Congress, socoutl Msssitiii. i 

ivM V. \ •,, !-sM ,• inittcfl to the Connuittce of the Whole IlouBi' i... .. . .. .. • i... i, ,...•, 

niul ordered to lie printed. 

Mr. lleiuphiU, from the Committee on the District of Columbia, submitted the 
following report i to accompany bill H. R. r.'bJO): 

The Committee on the District of Columbia, to which wa.s referreil the hill 
(H. R. I'JlotJ) ••authorizing and establishing a public park in the rd8tri<tof Colum- 
bia."' reports that it has had said bill under careful consideration and recommends 
that it do pa.ss. 

I3y this bill it is proposed to secure a tract of land, not exceeding 2..*)0() acres, 
along the line of Rock Creek and in the District of Columbia, to be pffpetnally 
used as ;i public park. 

The reservation if this property for the purpose indicated has for a l-.mg time 
been under consideration by Congress. Ou July i."*. !''<!;. u ro.solutii>ii was pa.<^scd 
by the Senate instructing its committee to inquire into a suitable site tor a public 



26 PARK SYSTEM OF THE DISTRICT <)E COLUMBIA. 

park. At the reciuest of that committee Maj. N. Mitchler. United States Engi- 
neers, submitted a report, in which he strongly favored the purchase of the ])rop- 
erty referred to in the pending bill. (See Mis. Doc second session Thirtj'-ninth 
Congress.) The Senate committee thereupon reported a bill (S. 54!i. Thirty-ninth 
Congress) for the aciiuisition of this land. Init it failed to become a law. 

From time to time other efforts in this direction were made, which resulted in 
bills S. ~'oS4. Forty-ninth Congress, and H. R. :yS2S. Fiftieth Congress, now pend- 
ing and having the same object in view. These have been supplemented by the 
more detailed bill now before your committee. 

It seems unfortunate that the earlier endeavors to secure these lands at their 
then trifling value did not result in their purchase. It appears to be universally 
agreed that such public parks are necessary in or near large cities, and the result 
has been that practically all cities of consequence, both in Europe and in this 
countrj'. and especially all capitals, are in the enjoyment of such pleasure 
grounds. 

The foresight indicated b.y the founders of this capital city in laying out broad 
avenues and reservations has been already amply justified by the harmonious 
development of these advantages by persons from all sections of the country. 

The present condition of the District of Columbia and its evident future admon- 
ish us that provision should at once be made for such a park as the population of 
a large and prosperous capital city demands. 

There are several persuasive reasons why the pending bill should pass, and 
which will be adverted to briefly. 

The present owners of the bulk of the lands proposed to be taken have held 
them for a generation or more. Several fortunate results follow from this con- 
dition of things: 

(1) These owners can afford to sell the property at its intrinsic value, and with- 
out adding the profits of intermediate speculative purchasers, but each passing 
year must inci*ease their intrinsic value. 

(2) There having been but few sales there have been but few trees destroyed 
to make room for lawns and building sites, and there are practically no costly 
improvements to be nosv paid for. 

(8) The extraordinary natural beaut}' of the proposed park has thus far been 
preserved, but its subdivision and the subdivision of portions of it would undoubt- 
edly result in great injury in this direction. The proposed legislation exiiressly 
secures the protection of the trees and other natural attractions in the park. 

(4) Rock Creek drains a large section of the country practically, and flows 
through the city of Washington. If residences should be placed along its banks 
the sewerage would be emptied into that stream and necessarily endanger the 
health of this city. The consequence would be either that this continuous risk 
miust exist or that this picturesque creek must be covered in and used exclusively 
as a sewer. 

That jiortion of the creek along which dwelling houses have alreadj' been built 
is now an open sewer flowing through the city, from which disagreeable and nox- 
ious odors constantly rise, greatly to the detriment of the health of the people 
along its banks, and to the injury of property in that section: and in the opinion 
of your committee the time is near at hand when this portion of the creek must 
be covered over or some other mode of protection adopted, at a cost of many thou- 
sand dollars. 

The preservation of both banks of Rock Creek, as proposed in the jx'nding bill, 
will at once avoid this danger and cost and preserve the existin.: beauty of a large 
territory. Looking at this measure merely as a practical business matter it seems 
to be wise. Such a preservation of the natural beauties of a section so near the 
city will conduce greatly to the jihysical as well as the moral improvement of the 
people. 



I'AHK SVSTKM OF TIIK IMSIKICI" ('F (« "LI" M !'.I A. 1' ( 

" It is certainly the most economical and practicable means of providing all. old 
and yonncr. rich and poor, with the erreatest of all needs, healthy exercise in the 
open cdimtry." In the piissage of this bill by Congress nothing more will be done, 
and in fact not as much as has already been done in many other cities of this and 
other countries. 

In tlio report of the park commissioners of the city of Boston for l^^O it is 
stated: 

••Twenty years ago there were l)ut two well-advanced rural parks in America; 
now there are more than twenty. Every city that was then at a parallel stage in 
the discussion of a park project with Boston now has the project in a large degree 
realized, and is enjoying the profits of it. * * London and Paris. Brussels 

and Liverpool, have each in a generation twice doubled the area of their rural 
recreation grounds. Ail the cities of the British Islands thirty years ago pos- 
sessed but four parks adapted to rural recreations; they now hold thirty, as large 
in aroaage as Franklin Park in Boston." 

There is an impression with some that the civilized world has been .swei)t by a 
ruinous rage for parks: but not an instance is known of a park adapted to pro- 
vide rural recreation that is not regarde<l by those who are paying for it as well 
worth all it has cost. Nocitj' possessed of a rural park regrets its purchase. Dur- 
ing the last ye;ir New York City, which has the largest and costliest experience of 
park making of any city in the world, has been purchasing land for six additional 
parks, averaging (iOO acres each in area. Chicago has six rural parks, in each of 
which large works of construction have been completed, and are found valuable 
beyond expectation. 

Even smaller cities than Boston, such as New Haven. Bridgeport. Albany. Buf- 
falo, and Montreal, have been provided with rural parks. 

The city of Baltimore paid for Druid Hill Park .s(l!i:?.0()O: and it has. besides, 
four other smaller [>arks. 

Fairmount Park. Philadelphia, was secured at a cost, in round numbers, of 
§C,:{(;0.<iOO. 

Central Park, New York City, was purchased for the sum of ■SC.'J.VM):]:]..")"). The 
city has. in addition, thirty-eighi other parks. 

In Hrooklyn. Prospect Park was acciuired at a cost of s:{,910.370.70. St. Louis 
has a number of parks, the largest of which was ])urchased for the sum of sS49,- 
o.>.(;i. The total acreage of parks in this city is 1.78s..")9 acres; and, though 
much of the land was donated, the cost of same amounts to !Sl,:{0!t.'.M4.iU) actually 
jtaid. 

The ground for the use of a national park in this city can now be condemned at 
a reasonable cost, and prompt action will not only save many thousands of dol- 
lars, but prevent the destruction of the natural lieauties of the country along 
Kock Creek, which are second to those of no other locality adjacent to any city 
in the world. 

The pending bill seems to provide an extremely satisfactory mode of accjuiring 
title to the land. The process by which the condemnation is effected is tlie same 
as that adopted by Congress in respect to the land recently secured as a Library 
site near the Capitol. Whatever questions may have ar;sen in resjiect to pro- 
cee<lings under the latter bill have been settled by the general term of the supreme 
court of the District of Columbia. It is hoped ami believed that the wime satis- 
factory result will be reached in the jiroceetlings under the bill now under con- 
sideration. 

Your committee recommend that the blank in line .">. section 7. of the bill l>e 
lilletl in by in.serting the words " fifteen hundred thousand." and that in .section 7. 
line s», atier tne word act, insert "as also for the maintenance and imi>rovement 
of said park." 

As thus aineinled the committee recommend that the bill pass. 



28 park system of the district of columbia. 

Appendix F. 

[See Statutes at Large 1HS9-1891, Vol. -26, pp. 492-4SJ3.] ' 

[PCBLK— No. 297.] 
AN ACT autliorizin^ the estiiblishiug of a public park in the District of Cohimbia. 

Be it enacted by the Senate and Honm of Reprcsentatirefi of the United Sttdes of 
America in Congress assenihled. That a tract of land lying on both sides of Rock 
Creek, beginning at Klingle Ford Bridge, and running northwardly, following the 
course of said creek, of a width not less at any point than six hundred feet, nor 
more than twelve hundred feet, including the bed of the creek, of which not less 
than two hundred feet shall be on either side of said creek, south of Broad Branch 
road and Blagden Mill road and of such greater width north of said roads as the 
commissioners designated in this act may select, shall be secured, as hereinafter 
set out, and be perpetually dedicated and set apart as a public park or pleasure 
ground for the benefit and enjoyment of the people of the United States, to be 
known by the name of Rock Creek Park: Provided, hoicevei-. That the whole tract 
so to be selected and condemned under the provisions of this act shall not exceed 
two thousand acres nor the total cost thereof exceed the amount of money herein 
appropriated. 

Sec. 2. That the Chief of Engineers of the United States Army, the Engmeer 
Commissioner of the District of Columbia, and three citizens to be appointed by 
the President, b)' and with the advice and consent of the Senate, be, and they are 
hereby, created a commission to select the land for said park, of the quantity and 
within the limits aforesaid, and to have the same surveyed by the assistant to the 
said Engineer Commissioner of the District of Columbia in charge of public high- 
ways, which said assistant shall also act as executive officer to the said commission. 

Sec. S. That the said commission shall cause to be made an accurate map of said 
Rock Creek Park, showing the location, quantity, and character of each parcel of 
private property to be taken for such purpose, with the names of the respective 
owners inscribed thereon, which map shall be tiled and re.-orded in the public 
records of the District of Columbia, and from and after the date of tiling said map 
the several tracts and parcels of land embraced in said Rock Creek Park sl^-all be 
held as condemned for public uses, and the title thereof vested in the United States, 
subject to the payment of just compensation, to be determined by said commis- 
sion, and approved by the President of the United States: Provided, That such 
compensation be accepted by the owner or owners of the several parcels of land. 

That if the said commission shall be unable by agreement with the respective 
owners to purchase all of the land so selected and condemned within thirty days 
after such condemnation, at the price approved by the President of the United 
States, it shall, at the expiration of such period of thirty days, make application 
to the supreme court of the District of Columbia, by petition, at a general or spe- 
cial term, for an assessment of the value of such land as it has been unable to 
purchase. 

Said petition shall contain a particular description of the propertj* selected and 
condemned, with the name of the owner or owners thereof, if known, and their 
residences, as far as the same may be ascertained, togetlier with a copy of the 
recorded map of the park; and the said court is hereby authorized and required, 
upon such application, without delaj-, to notifj' the owners and occupants of the 
land, if known, by persoual service, and if unknown, by service by publication, 
and to ascertain and assess the valite of the land so selected and condemned, by 
appointing three competent and disinterested '.'ommissioners to appraise the value 
or values thereof, and to return the appraisement to the court; and when the value 
or values of such land are thiHs ascertained, and the Pre.-ident of the United States 



P-\KK SYSTKM <•?' T!1K DI-TiMCT (>K ('i»M'MHI\. JW 

shail ileride the satue to le reasonable, i^aiil value or values sha 1 be paid to the 
owner or owners, and the United States sliall be deemed to have a valid tit'e to 
said land; anc^ if in any case the owner or owners ot any i ortion of said land shall 
refuse or negleet, after the appraisement oi the cash value of 8ai«l lands and 
improvements, to demand or receive the same from said court, ujion dejiositin^i 
the appraised value in said court to the credit of such owner or owners, respec- 
tively, the fee-simple shall in like manner be vested in the United States. 

SEr. 4. That said court may direct the time and manner in which possession of 
the property condemned shall be taken or delivered, and maj', if necessary, enforce 
any ordei or issue any process for giving possession. 

Sf.c. '). That no delay in making an assessment of compensation, or in taking 
possession, shall I'e occasioned l)y any doubt which may arise as to the ownership 
of the jiroperty. or any jiart thereof, or as to the interests of the respective own- 
ers. In such cases the court shall require a deposit of the money allowed as com- 
jiensation for the whole property or the part in dispute. In all cases as soon as 
the said commission shall have paid the compensation assessed, or secured its pay- 
ment by a dei)03it of money under the order of the court, possession of the jirop- 
erty may be taken All jimceedings hereunder shall be in the name of the United 
States of America and managed by the commission. 

Sf.c. G. That the commission having ascertained the cost of the land, including 
expenses, shall assess such proi)ortion of such cost and expenses ni)on the lands, 
lots, and blocks situated in the District of Columbia specially bi-nefited Ity reason 
of the location and improvement of said park, as nearly as may be. in projiortion 
to the l)enefits resulting to such real estate. 

If said commission shall find that the real estate in said District directly l»ene- 
fited by reason of the location of the park is not benefited to the full extent ot the 
estimated cost and expenses, then they shall assess each tract or parcel of land 
specially benefited to the extent of such benefits as they shall deem the said real 
estate specially benefited. The commission shall give at least ten days" notice, in 
one daily newspaper published in the city of Washington, of the time and place of 
their meeting for the purpose of making such a-^ses-ment and may adjonrn from 
time to time till the same be completed. In making the a.sses.sment the real e.-.tate 
benefited shall be assessed by the descrii)tion as appears of record in the District 
on the day of the first meeting; but no error in description shall vitiate the assess- 
ment: Pri>riili'<l. That the premises are described with substantial accuracy. The 
commission shall estimate the value of the different jiarcels of real estate benefited 
as aforesaid and the amount assessed against each tract or parcel, and enter all in 
an as-sessment book. All persons interested may ajipear and be heard. When the 
assessment shall l>e completed it shall be signed by the commission, or a majoritj* 
(Which majority shall have power always to acti. and be Hied in the office of the 
clerk of the supreme court of the District ot Columbia. The ( ommission shall 
apply to the court fur a confirmation of said assessment, giving at least ten days' 
notice of the time thereof by publication in one daily newspaper published in the 
city t>f Washington, which notice shall state in general terms the subject and the 
object of the application. 

The said court shall have power, after said notice shall have been duly given, 
to hear and determine all matters connected with said assessment; and may revise, 
correct, amend, and confirm said assessment, in whole or in part, or order a new 
assessment, in whole <>r in part, with or without further notice or on such notice 
as it shall prescribe; but no order for a new assessment in part, or any partial 
adverse action, shall hinder or delay confirmation of the residue, or collection of 
the assessment thereon. Confirmation of any part of the assessment shall make 
the same a lien on the real estate assessed. 

The assessment, when confirmed, shall be divided into four e«iual installments, 
and may be paid by any partyjintercsted in full or in one, two. three, and four 



30 PARK SYSTEM OF THK DISTRICT OF COLUMBIA. 

years, on or before which times all shall be payable, with six per centum annual 
interest on all deferred payments. All payments shall be made to the Treasurer 
of the United States, who shall keep the account as a separate fund. The orders 
of the court shall be conclusive evidence of the regularity of all previous proceed- 
ings necessary to the validity thereof, and of all matters recited in said or(Jers. 
The clerk of said court shall keep a record of all proceedings in regard to said 
assessment and confirmation. The commission shall furnish the said clerk with a 
diiplicate of its assessment book, and in both shall be entered any change made or 
ordered by the court as to any real estate. Sucli book filed with the clerk when 
completed and certified shall be prima facie evidence of all facts recited therein. 
In case assessments are not paid as aforesaid the book of assessments certified by 
the clerk of the court shall be delivered to the officer charged by law wjth the 
duty of collecting delinqnent taxes in the District of Colnmbia. who sliall pro- 
ceed to collect the same as delimiuent real estate taxes are collected. Xo sale for 
any installment of assessment shall discharge the real estate from any subsequent 
installment; and proceedings for subsequent installments shall be as if no default 
had been made in prior ones. 

All monej' so collected may be paid by the Treasiirer on the order of the com- 
mission to any persons entitled thereto as compensation for land or services. 
Such order on the Treasurer shall be signed by a majority of the commission 
and shall specify fully the purpose for which it is drawn. If the proceeds of 
assessment exceed the cost of the park the excess shall be used in its improve- 
ment, under the direction of the officers named in section eight, if such excess 
shall not exceed the amount of ten thousand dollars. If it shall exceed that 
amount that part above ten thousand dollars shall be refunded ratably. Public 
officers performing any duty hereunder shall be allowed such fees and compensa- 
tion as they would be entitled to in like cases of collecting taxes. The civilian 
members of the commission shall be allowed ten dollars per day each for each day 
of actual service. Deeds made to purchasers at sales for delinquent assessments 
hereunder shall be i)rima facie evidence of the right of the purchaser, and any one 
claiming under hiin, that the real estate was subject to assessment and directly 
benefited, and that the assessment was regularly made: that the assessment was 
not paid; that due advertisement had been made; that the grantee in the deed 
was the purchasi^r or assignee of the purchaser, and that the sale was conducted 
legally. 

Any judgment for the sale of any real estate for unpaid assessments shall be 
conclusive e\idence of its regularity and validity in all collateral proceedings 
except when the assessment was actually paid, and the judgment shall estop all 
persons from raising any objection theieto, or to any sale or deed based thereon, 
which existed at the date of its rendition, and could have been pi'esented as a 
defense to the application for f-uch judgment. 

To pay the expenses of inqitiry, survey, assessment, cost of lands taken, and all 
other ni'cessary expenses incidental thereto, the sum of one million tw.> hundred 
thousand dollars, or so much thereof as may be necessary, is hereby appropriated 
out of any money in the Treasury not otherwise appropriated: ProrideiL That one- 
half of said sum of one million two hundred thousand dollars, or so much thereof 
as may be expended, shall be reimbursed to the Treastirj' of the United States out 
of the revenues of the District of Columbia, in four equal annual installments, 
with interest at the rate of three per centum per annum upon the deferred pay- 
ments: And provided further. That one-half of the sum which shall be annually 
appropriated and expended for the maintenance and improvement of said lands 
a-, a public park shall be charged against and paid out of the revenues of the Dis- 
trict of Columbia, in the manner now provided bj' law in respect to other appro- 
priations for the District of Columbia, and the other half shall be appropriated 
out of the Treasury of the United States. 



I'AKK SYSTK.M **V T!IK DI-^rHKT nV (< il.l M lU A. iU 

Sec. T. That the public park authorized ami established by this act shall be 
uiuler the joint control of the Coimnissioners of the District of Colunibia and the 
Chief of Enijinoers of the I'nited States Army, whose duty it shall be. as soon as 
practicable, to lay ont and prepare roadways and bridle jiaths. to be used for 
drivinj; and for horseback ridinpr, respectively, and footways for i>e.leBtrians: 
and whose duty it shall also be to make and publish sucii rej^ulations as they 
deem necessary or proper for the care and nianauenient of the same. .Such regu- 
lations shall i»rovide for the preservation from injury or spoliation of all timlier, 
animals, or curiosities within said park, and their retention in their natural con- 
dition, as nearly as possible. 

Approved, September 21. ISUO. 



Ari'HNKlX (i. 

I{()< K CliKEK PAUK— THE AWARDS HErOHTKD To THE COUKT llY THE AlM'KAlSlNU 

I I iM MISSION. 

[Star. DeiemLer ]!•, iv. 1.] 

The Rock Creek Park appraising commission, which has been at work since last 
.Tuly, completed its task this morning and made its rejjort to the <-ourr. The 
awards made by the commission airgregate sl,I().").".t.")7. 

The Government has already paid in the neighborhood of s240.()UU for tracts, 
the owners of which accepted the offers made by the managing commission. In 
round numbers, the total amount represented by the awards made to-day and the 
money already paid is i$1.3")0.()00. 

This amount, together with the various expen.ses attending the proceedings 
concerning the park, would, it is estimated, exceed the appropriation of .si,'JUO.(K)0 
by >!Jii().oOi» or more. The report of the comn:ission made to-day has now to be 
confirmed by the supreme court of the District. 

In ca>ie the court confirms it, it will go to the Presideiit for his aiijuoval or dis- 
approval. His approval of the awards completes the condemnation proceedings. 

THE rKO(KKI)IX<is IN COUKT THIS MoHNINii. 

A Special .session of the court in general term was held at 1 1 o'clock tliis morn- 
ing for the special purpose of hearing the report of the appraising commission, 
which worked until nearly midnight making the final comjiarison of figures. 

Chief Justice Bingham and Judges Cox and James were on the bench this morn- 
ing. Assistant District Attorney Taggart, .Messrs. Jere. M. Wilsf^n, T. A. Lam- 
bert, James Coleman. W. .stone Abert. and other counsel, and a number of 
property owners wen- pre.sent. The members of the appraising con.mi!»sion — 
Messrs. Norris, Burchell. and Seufferle— took seats at one of the counsel tables, 
and had a pile of record looks, mai-s. and documents i^laced on another. When 
the court opened Mr. Norris rose. ami. advancing towart! the bench, took from his 
pocket a i>arcel of manuscript, and said: 

"The commissioners appointed by your lion..rable court as a commission to 
appraise the lands selected for the Rock Creek Park have performed the duty 
imposed ui on them to the best of their ability, skill, and judgment, and now 
hand to your honorable court tiie report of their action in the premises." 

Mr. Norris then handed to Chief Justice Bingham the document he had in hand, 
and then, referring to the maps and lx)ok3 on the table, said that the com- 
mission turned over to the court all its records, including fifteen bound volumes, 
the briefs filed with them, and the maps. 



32 PARK SVSTKM y>V THE DISTRICT OF COLUMBIA. 

THANKED BY TKi: COURT. 

Chief Justice Biughaiii consulted a moziieiit in an undertone with his colleagues 
and then remarked, addressing the commissioners: 

'• I think you are tobs congratulated that your arilnous duties have come to an 
end. The court has reason to believe that you have very faithfully discharged 
your duties and are entitled to the thanks of the community. I know of no 
further duty for you to perform, and therefore the court discharges you from 
further service." 

There was a brief discussion among the lawj-ers and the court handed the 
report to the clerk, ordering it to be filed, 

Mr, Taggart called attention to the fact that the next step was the confirmation 
of the report by the court, and gave notice that he would in proper time make a 
motion to confirm the report. 

Counsel for property owners asked that a time be set for hearing the motion and 
objections to the report, and it was finally agreed that the court would hear the 
motion on January 4 next and that meanwhile objections could be filed. The 
court then adjourned. 

THE AWARDS, 

The report of the commission is a voluminous document of 60 foolscap pages, 
closely written. It sets forth in due legal form the circumstances attending the 
appointment of the commission and the orders of the court respecting the sittings, 
and then announces the following awards: 

Tract No. i.— Owners, Glen W. Cooper, Joseph F. Oifutt, Lizzie Towns; 0.86? 
acre; valuation, §217, 

Tract No. 3. — Owner, Henry Brown; 1.347 acres; valuation, S337, 

Tract No. 4- — Owner, Levi Brooks; 1.141 acres; valuation, §385. 

Tract No. 5. — Owner, Thomas Myrick; 2.976 acres; valuation, 81,945. 

Tract No. o.— Owner, John H. Mason: 2.KQ acres; valuation, $1,463. 

Tract No. 7. — Owner, Simon Hyson; 0.957 acre; valuation, $629. 

Tract No. S. — Owner, Jane E. Mason; 1.080 acres: valuation, $1,450. 

Tract No. 10. — Owners, Lewis Crutchfield, Martha Brent; 3.049 acres; valua- 
tion, $1,700, 

Tract No. 11. — Owner, James S. Fenwick; 57.643 acres; valuation, $26,240, 

Tract No. i.).— Owners, Mary Van Riswick, Martina Carr, Avarila Lambert: 
12,743 acres; valuation, $5,480. 

Tract No. IJ,. — Owners, Woodbury Blair. Gist Blair, Montgomery Blair, Mina 
Blair Richey; 18.026 acres: valuation, $8,112. 

Tract No. 15. — Owner, Samuel P. Lee; 17.733 acres; valuation, $9,980. 

Tract No. IG. — Owners, Mary Van Riswick, Martina Carr, Avarila Lambert; 
125,123 acres; valuation, $50,292. 

Tract No. 17. — Owner, Alida Catharine Brown; 221.47 acres; valuation, $83,051. 

Tract No. IS. — Owners, The Rock Creek Company and Henry Wise Garnett and 
William A, Gordon, trustees; 28.19 acres: valuation, $11,558. 

Tract No, ,'6*,— Owner, Andrew C, Bradley; 2,11 acres; valuation, $1,872, 

Tract No. ?i.— Owner, William R. Riley, 100,12 acres; valuation, $37,599, 

Tract No. 23.— Owners, Mary E, White, James M, White, Carrie Madison, 
George W, White, Robert E, L, White. Ida M, White, Sadie L, White, Fannie 
A, White; 71,380 acres: valuation, $21,564. 

Trad No. £^4. —Owner, William Frank Eaton, 50,401 acres: valuation, $18,900, 

Tract No. 55.— Owner, Douglas F, Forrest; 9.900 acres: valuation, $4,034, 

Tract No. £"6.— Owner, Augustus Burgdorf: 25.239 acres; valuation, $10,790. 

Tract No. 27. — Owner, Eleanor T. Meeds; 20 acres; valuation, $9,750. 

Tract No. 2S.— Owner, Mary F. Henderson: 22.557 acres; valuation, $9,399. 



I'AUK SVSTK.M OF THK DISTRICT ">K (oMMlUA. 33 

Trtict No. ^'ft.— Owner. Frtdert-k Bex: i^.O-W acres: valnation. $13,309. 

Tnict .Vf). ./".—Owners. John W. Swan and David M. Davis; S.OOS acres: valu- 
ation, $1,004. 

Tract Xo. .?/.— Owner, James M. (ireeu: 11.38") acres: valuation, §-~),12;. 

Tract Xo. .v.'.— Owner, .Marian A. Ryan: 9.11 acres: valuation, .$T,9i'i7. 

Tract Xo. .;.)'.— Owners, Catherine Freas. Edwin L. Freas, Allen Frea.s, Millard 
F. Freas. Levi S. Freas: ■!0.'2r3 acres: valuation, .s3;J,T17. 

Tract Xo. .;./.— Owner, Alexander F. Matthews: ;!.01() acres; valuation, .'j;1.731. 

Tract Xo. .>.'>. — Owner. John Saul: -.osi acres; valuation. 'j!l,.")G'2. 

Tract Xo. J'.' (<li.sj)uti'(l land). — Owners, Mary E. White, James M. White, Carrie 
Madison, George W. White, Robert E. L. Wliite. Ida M. White, Sadie L. White, 
Fannie A. White: valuation. . 

Tract Xo. J<! (disptttcd hind). — Owner, John R. Dos Pas-sos: fi,.")40 acres: valua- 
tion, $1,902. 

Tract Xo. .,'7. — Owner, John R. Dos Passos: 71.497 acres: valuation, $32,171. 

Tract Xo. ,iS. — Owner. John R. Dos Passos; 71.527 acres; valuation, §41,328. 

Tract Xo. 30. — Owner. Pierce Shoemaker; 245.408 acres: valuation. $207.(i;i. 

Tract Xo. ^<>.— Owner. Elmer E. Gist: 1.522 acres; valuation, $2,440. 

Tract Xo. .;/.— Owners. William Stnrbitts, Isabella Sturbitts: 1.484 acres; valu- 
ation. $1,113. 

Tract Xo. J/-'. — Owner, Cornelio O. Truesdell; 15.217 acres: valuation. $10,072. 

Tract Xo. 4o'.— Owner. John R. Dos Passos; 0.758 acre; valnation. $22;i. 

Trad Xo. 44. — Owner, Pierce Shoemaker; 0.240 acre; valuation. $IG8. 

Tract Xo. 4.'). — Owner, James B. Coit; 2 acres; valuation. $2,00'\ 

Tract Xo. 41J. — Owner. Henrietta B. Cowperthwaite; 2 acres; valnation, $2,150. 

Tract Xo. .ir.— Owner. Annie Lawrence: 1.337 acres: valuation. $2,111. 

Tract Xo. .J.S'. — Owner, Pierce Shoemaker: 1.14(5 acres: valuation. $sGO. 

Tract Xo. 4-'- — Owner. Conway Tibbs: 1 acre; valuation, $1,740. 

Tract Xo. .7./.— Owner, Eliza D. Barton: 3.024 acres: valuation, i-3.443. 

Tract Xo. .'•!. — Owner. Helen Davis: 2.85!) acres; valuation. $2,710. 

Tract Xo. .5,',— Owner, Ann Hayes: 0.300 acri-; valuation. .^300, 

Tract Xo. .'>■>'. — Owner. Cornelia G. Jones; 0.353 acre: v.dnation. $124. 

Tract Xo. '>4. — Owner. Auron E. ^McLaughlin: 2.!»3! acres: valuation. $2.5;)'.i. 

Tract Xo. .7.7.— Owners. Henry Clark. Walter Clurk. and Philip Clark: 1 acre: 
valuation. .$3,301. 

Tract Xo. .7^.— Owner, William Watson; 4.950 acres; valuation, 65,952. 

Tract Xo. .7,\ — Owner. S.MUuel yi. Jones: 4.88") acres; valuation. $4.1:02. 

Tract Xo. .7.V.— Owner. Louisa Kuhn; 0.0009 acre: valuation $2. 

Tract Xo. .7.'.— Owners, Cliarles Early and Frederiik W. Pratt, trustee.-; 1.914 
acres; valuation. $s,SI5. 

Trart Xo. '<■'/.— Owners, Charles Early, Charles C. Lane st«r, trustees; 2.005 acres: 
valnation. .$4,0'!'"'.». 

Tract Xo. ';.'.— Owners, Charles Early, Charles C. Laicaster. trustees; 0.390 acres; 
valuation, $11,513. 

Tract Xa. 0'..— Owners, Joshua K. Lrown. W. K. Rannells. C. F. Scutt, Sara 
McKeown, A. J. McKeown. By;on .McXeowu. James McKeown, Scott McKeown, 
John .McKeown; 35.31 9 acres: valuation, $20,0.)r>. 

Tract Xo. '-'.v.-Owner. Pierce Shoemaker: 89.202 acres: valuation. $JS0.502. 

Tract Xo. 'v'^.— Owners, Henry R. Porter. Henry F. Douglas; 51.4'.M acres: valn- 
; tion. .$.32,182. 

Tract Xo. H-'. — Owner, Charles Dicksm: 0.275 acre valuation. $931. 

Tract Xo. I'.i'.. — Owner, Jane Dickson: ".2 9 acre: valuation. $1,234. 

Tract Xo. '->'.- Owners, Henry R. Porter. Henry F. Dougl.xs; 0.21 acres: valna- 
ti. n. $».r.tJ. 

I'AI.K »>1 1 



34 PARK SYSTEM OV THE DISTRICT OF COLUMBIA. 

Tract No. GO. — Owner, Pierce Shoemaker; 5.194 acres: valuation. $4,319. 

Tract No. 7(^.— Owner. JohnW. Willis: 5.515 acres: valuation §9,888. 

Tract No. 7i.— Owners. Harriet S. Mathewson, Arthur Mathewson, committee; 
1.779 acres: valuation §1,957. 

Tract No. 7..'. — Owners, Harriet S. Mathewson, Arthur Mathewson. committee, 
Laura S. Blagdeu (life tenant), 2.269 acres; valuation, §2.723. 

Tract No. 7J.— Owner, Thomas Blagden; 14.107 acres; valuation. §14,812. 

Tract No. 74.— Owner, Thomas Blagden: 24.598 acres: valuation. §68,375. 

Tract No. 75. — Owner, Pierce Shoemaker: 15.612 acres: valuation, §16,306. 

Tract No. 76. — Owner, Pierce Shoemaker; 8.023 acres; valuation, §3,919. 

Tract No, 77. — Owner, Pierce Shoemaker; 5.525 acres: valuation, §4,973. 

Tract No. 7<?.— Francis D. Shoemaker: 6.682 acres; valuation. §15,369. 

Tract No. 81.— Owner, Louis P. Shoemaker; 1.104 acres: valuation, §3,864. 

Tract No. 83 {Rosemount Parh) , lot 83-1. —Owner, Bernard P. Mimmack; 49,015.13 
square feet; valuation. §8.333. 

Lot .<?•?-•?. — Owners. George C. Flenner, Frederick A. Ellis. Part owned bj- 
George C. Fieuner, 29,740.67 square feet: valuation. §2,26"^. Part owned by Fred- 
erick A. Ellis; valuation. §2.491. 

Lot 83-3.— Owner, John E. Thompson: valuation, §7,418. 

Lot 83-4. — Owner, James T. Bradford; 40,871.28 square feet; valuation, §5,314. 

Lot 83-5. — Owner, Isaac Hazlett; 34,460.29 square feet; valuation, §3,791. 

Lot SS-G.— Owner, John R. Francis; 31,147.75 square feet; valuation. §2,803. 

Lot 83-7.— Owner, Benjamin P. Davis; 23,142.06 square feet; valuation, §2.314. 

Lot 83-8. — Owner. Sheldon Jackson; 23,071 square feet: valuation, §2,538. 

Lot <SJ-.9.— Owner, Sheldon Jackson; 18,683.12 square feet: valuation. §2,242. 

Lot 83-10.— Owner, James A. Shaw: 19,660.05 square feet; valuation, §^3,146. 

Lot 83-11.— Owner, John E. W. Thompson; 11,405.65 square feet: valuation, 
§2,053. 

Lot 83-lJ.— Owner, Bernard P. Mimmack: 12,348.63 square feet,- valuation, 
§3,100. 

Lot 83-13.— Owner, Bernard P. Mimmack; 12,355.26 square feet: valuation, 
§3,100. 

Lot 83-14.— Owner, Henry W. Henshaw: 16.630.01 square feet: valuation, §2.994. 

Tract No. S4.—0wner, Harvey L. Page; 0.68 acres; valuation, §44,184. 

Mrs. Mary Van Riswick's dower right in tracts 13 and 16 to be deducted from 
the given valuation of said tracts, §3,098.42. 

Mrs. Catherine Freas's dower right in tract 33 to be deducted from the given 
valuation of said tract, §1,873.10. 

Mrs. Annie Lawrence's dower right in tract 47 to be deducted from the valua- 
tion given of said tract. §301.53. 

Mrs. Laura S. Blagden's life estate in tract 72 to be deducted from the given 
valuation of said tract, §453.84. 

Mrs. Sarah McKeown's dower right in tract 62 to be deducted from the given 
valuation of said tract, §1,668.83. 

Roads condoiDied. 

Military road, ownership in it being claimed by John R. Dos Passos, 
Pierce Shoemaker's representatives, and Mrs. Annie M. Carpenter.. . §2,3S2.35 

Klingle Ford road - - 536. 00 

Pierce Mill road: 

Eastern portion - 866.00 

Middle portion - G63. 00 

Western ijortion 105. 00 

Abandoned. ..- . .. . 245.40 



IWKa SYSTKM ok THK DISTKKT OF foLl'MHlA. 85 

Broail I'raiuh road >;^js"». 20 

Bla.i^deu Mill road m:.'25 

Roads in Blagden sulidi\is-.OM ICO.'iO 

iioad A .. \yi.CO 

KoadB 13.S.40 

lioadC 0."}. 10 

Roads in Sheplierd's suodivision 1 , DOS. 80 

Truesdells private road 6 1"2. 75 

Kosemount aveiivie in Rosemouut Park Abi. 00 

WORK OF THK (OMMISSInN. 

The commission, Messrs. James L. Norris, George J. Senfferle. and Norval W. 
Burchell, entered upon their duty on July ll last, and Leiore taking testimony 
spent several days in company with Captain Leonard, deputy marsiial, and the 
counsel in going over the various parcels, taking in the romantic scenery, viewing 
the lines, the improvements, etc.. July 10, 17. is. 20, 21. 22. S-i, and 21 being thus 
occupied. For the purpose of taking testiuiouy the circuit court room was 
assigned them, and tiuite a dis[»lay of maps, new and old. wt-rc the principal 
objects in the room. Open sessions for this purpose were held frfnu Ju!y 2'J to 
October 3t) with the excejjtion of Saturdays, :ind when tlie testimony was all in 
the Saturdays were made up by three sessions after hours often till 11 or 12 o'clock 
at night. It was thoiight at first that the work would be completed in from four 
to six weeks, but when the question of the mineral matter was brought in the ses- 
sions were not only lengthened out, but became interesting enough to attract 
large numbers of citizens. As is well known, the court in general term e.xcluded 
the testimony as to the gold and the commission was also directed to omit the con- 
sideration of a number of parcels to wliich the Government obtained title after 
they entered upon their duties. The last week the commission spent aftt-r their 
wrestle with 10 volumes of testimony was not ended till near 12 oclock last night. 

PROPEKTY OWNERS NOT SATISFlEl'. 

After the report was filed many of the property owners or their representatives 
went over the figures and as a rule owners expressed dissatisfaction with the suuis 
named. 

A number of owners, however, seemed entirely satisfied. Mr. R. Ross Perry, 
of the managing commission, before knowing what the awards were, thanked tlie 
members of the appraising commission for the faithfulness witli which they had 
discharged their dutie.s. 



Appendix H. 

u<xk creek p.\rk— tjie court in cjener.xi. term sfst.^ins the action ok the 

com.aiission. 

(Eveuiutr -Star. May 1'. IsiC 1 

This morning in the court in general term Mr. Justice James delivered the opin- 
ion of the court in the case of the Cnited States against Glenn W. Cooper et al.. 
the Rock Creek Park case, granting the petition of the park commissioners for 
permission to jiay into court the amount of awards ap; roved by the President. 
The court also decided the (luestion raised as to interest, announcing that it had 
no anthorit}' to allow it. 

Mr. T. A. Lambert, representing the Shoemaker and Trnesdell interests, gave 
notice of an appeal from the decision of the court to the United States Supreme 
Court. 



3() PAKK SYSTEM OF THP: DISTRICT OF COLIMIUA. 

At the request of Mr. R. Ross Perry, representing the Government, the court 
granted him permission to prepare the necessary order as to the cases other than 
Shoemaker and Truesdell's. and it was at once signed. 

By this decision, it is held, the Government at once acquires title to the tracts 
in (question, the owners of them, in order to obtain the amounts awarded, dealing 
entirely with the court. To the court they will he re(iuired to submit their title 
deeds, and on their approval by the court an order en the clerk of the court for the 
money due them will be issued in their favor. The appeal entered by the Shoe- 
maker and the Truesdell interests will have no effect whatever upon the cases of 
the other owners. 

THE DECISION OF THE COUUT. 

Justice James, after reading the petition of the commission and the motion to 
pay into court the awards, said: 

•'That motion and petition is met by a motion on the part of certain property 
owners to dismiss the petition lor reasons therein stated and cm the part of another 
party by a demtirrer. The general proposition set forth in the reasons filed with 
the motion to dismiss is that nothing further can be done under the statute. It is 
ceded by the commissioners that this statute must be regarded as a finality, and that 
no step can be taken either liy themselves or by the court or b}- the President, the 
validity or effect of which must depend upon further legislation. If it is not prac- 
ticable and lawful to secure a park on Rock Creek without doing some act which 
is not authorized by this statute, then the acquisition of a park is not authorized 
at all. It is insisted on the part of the owners of some of the parcels which the 
commissioners now propose to take that this legal impossibility has now been 
ascertained, and that their authority and that of this court to proceed further in 
the premises has come to an end. We understand the argument to be substan- 
tially as follows: It was the intent of the legislature that the land shown on the 
recorded map was the thing to be taken. The authority to take applied, there- 
fore, to that land, and to neither more nor less. But the taking of that land is 
subject to a condition that it shall be obtainable for SI ,'^(10.000. As it has been 
conclusively ascertained, in pursuance of the statute, that the only taking author- 
ized at all is now impossible, there run be no taking. 

•' These ju-opositions rest upon the theory that this statute shows not a general 
intent that a park should be established, but only a particular intent that a cer:ain 
designated tract of land should be taken for a park, provided it could be had for a 
certain price. And this construction of intent is based upon the contention that 
the recorded map was intended by the legislature to be in effect its own designa- 
tion of the tract to be taken; so that the statute is mandatory to the effect that 
precisely the quantity of land shown on the recorded map mu-t be ta^en as an 
entirety. This we understand to be a fair statement of the method by which the 
conclusion is reached, that if all the land exhibited on the recorded map can not 
be had for the price limited by the statute, then nothing further can be done in 
the matter of a park. 

"THE INTENT OF THE STATUTE. 

"It is observable that some of the provisions of this act are inartilicially 
expressed, but when all of them are considered together, as of course they must 
be, the intent of the statute is unmistakable. We are of opinion that it expresses, 
first, an absolute intent that there shall be a park on Rock Creek: second, that 
this park absolutely provided for shall not exceed a certain size nor cost more 
than a certain sum. We are further of oi)inion that the subsequent provisions of 
this act. notaiily the provisions relating to the recorded map, were inteiided to be 
in furtherance of the intent that a park should actually be secured, though within 
restricf'ons as to si'e and cost, and were not placed there with the intent that they 
should, upo". any contingency, operate to defeat the undertai.ing entirely. In 



I'AKK >VS|1;M of THK Disriiicr n\- CohrMUlA. .'^7 

otluT words, we are of opinion that the only lair and reasonalde construction of 
this act is that it intemls that a park, not exceeding '-i.onu acres in area aTid not 
costing more than the sum wliich Congress apjjropriated for the accomplishment 
of that purpose, siiall actually be .secured; and intends also that the jirovisions of 
this statute shall oiierate as the means of accomplishing that end. We think the 
processes of interpretation and construction alike support this conclusion. 

••The lirst section of the act provides • that a tract of hmd lying on both sides of 
Kock Creek ♦ * •" of a width not less at any point than <'it:i feet nor more tlian 
1. •-»."» le.'t, including the bed of the creek, of which not less than 200 leet shall be 
on either side of said creek south of Broad Branch road and Blagden Mill road, 
and ot such greater width north of said roads as the commissioners designated in 
this act may select, shall be secured, as hereinafter set out, and be perpetually 
dedicated and set apart as a public park and jjleasure ground for the l>enefit and 
en.ioyment of the people of the United States, to be known by name of Rock Creek 
Park: Frnriilcd, liotn-nr. That the whole tract so to be selected and condemned 
under the provisions of this act shall not exceed 'J.ooti acres, nor the total cost 
thereof exceed the amount of money herein appropriated.' 

'• The appropriation referred to is made in the following words of the sixth sec- 
tion: "To pay the expenses of inquiry, survey, assessment, cost of lands taken, 
ami ail other lucessary'expenses incidental thereto, the sum of .^l,2i. 0.000, or so 
much thereof as may be necessary, is hereby appropriated," etc. 

•' It may be added that the title of this act is: • An act authorizing the establish- 
ment of a public park in the District of Columl>ia.' 

•We suppose it would be impossible to express more distinctly an absolute 
intent that a park should be established. Lnless the al>soluiene8sof the authority 
given by the broad language of this first section is expressly limited, and is 
expressly or necessarily made to be wholly a contingent or conditional authority 
by some suiiseijuent provision, it must be held to be the fixed and controlling 
intention of Congress that, somewhtre within the limitations of area and cost, a 
park may be secured by the commissioners. 

THE DISCKETIOX UU.VNTED. 

'• It is contended on the part of some of the owners that this authority to take 
land and to establish a park is reduced to a conditional authority liy the operation 
of the thinl section, which relates to the map showing the parcels of land to be 
talen, aiul providing that, on the filling of that map, those parcels should be held 
'conileihned ' to be taken, it is in>isted that the designation which the commis- 
sioners were authorized to make mu^tbe recorded, when made, as if they liad been 
originally designated in the act itself. This contention involves, we think, a con- 
fusion of principles. It is true that an act done by one to whom authority to do 
it has been delegated has the same validity as if done by the party who delegates 
thi- authority, and that, on this principle, a taking of })rivate i)roperty for public 
use by one who is authorized by the legislature to select and taUe said land is as 
l:iwfnl as if the legislature had taken it, and that in this sense the Uiking is to be 
regarded as done by the legislature. But the contention in this case is to the 
effect that, wliile discretion to elect between .several courses was given by the 
legislature, we are to hold that, when the discretion has be*-n exerciseil and the 
election has been made, the particular choice mede was one which .the agent was 
originally commanded to make. It is only on that theory that this statute can 
be sujjposed to say t:> the commissioners: ' It is our intent that you shall take only 
the following sperihed tra<t of lands, and you are authorized to take that tract 
only in case you can get it for a certain price.' 

" We know of no jirinciple on which an accomplished selection, which the c -m- 
mi.ssioners had uncontrolled discretion to maUe. can. by tbi.s sort ot relation, be 
constructively put into the statute as an original jirovision tithe effect that they 
had no discretion, but had only authority to tlo a particular thing: that is to say, 



88 .PARK SYSTEM OB^ THE DISTRICT OF COLUMBIA. 

authority in this case to obtain a tract made up of all the parcels shown on this 
map and to obtain neither more nor less. It is difficult to understand how tlie 
ver}'^ exercise of discretionary power sliould work a limitation of the original 
authority. • 

THE POWERS OF THE COMMISSION. 

••Another gi'ound of objection is that the selection shown by tbe recorded map 
constitutes, at ail events, a case of exhausted power: that rhe commissioners have 
define! and • located." once for all, a park site, and now have no further power of 
selection or alteration of that location, 

'* If this were a correct conclusion we should have before us a specimen of legis- 
lation without parallel. The statute authorizes considerable expenditures out of 
the appropriation to be made before it can be ascertained that the whole of the 
lands shown on the map can not be had for the money appropriated. Many 
months must inevitably be. as in fact they have been, consumed in ascertaininsj 
the values of these parcels. And yet it is contended that if it should appear by 
the appraisement, after all these expenditures out of the appropriation, especially 
after some of the lands liad Ijcpu purchased and paid for. that the commissioners 
had placed on the recorded map more lands than the appropriation would pay for it 
was the intent of the legislature that thereupon the authority of tiie commissioners 
should end and the whole undertaking should come to naught. Is this a reasonable 
construction of the statute? The second section provides for -a commission to 
select the land for said park, of the quantity and within the limits aforesaid." 
namely, within the limits of 2,000 acres and .SI. 200. 000 of cost. Is it to be supposed 
that this general power of selection was intended to be exhausted by one selection 
if it siiould appear that the selection first made could not be wholly carried out by 
purchase? Authority to select the land for a park was given in order that there 
might be a park and in order that the lands selected should be suitable for that 
purpose. It was given in order that an important end might be achieved. Would 
it be reasonable to hold that authority to reach this end was exhausted by one 
effort to reach it? No sucli rule of exhausted iDower is applied by the courts 
even to a first location of a railroad line if the second location does not amount to* 
an attempt to construct a road that has not been authorized; but if it had been 
actually so applied we should hold that this theory of exhausted power was not 
applicable to this statute. Rules of construction are sometimes spoken of as if 
there were actual rules of law by which the meaning and intent of st;itutes are to 
be ascertanied: but there are no .such restrictions upon construction. The intent 
of this statute can be gatliered from its own provisions and from its special pur- 
poses, and we find nothing in these provisions or purposes which indicate that 
the authority of these commissioners is limited to a single exercise of discretion. 

" It was from the begmning in contemplation of this act that they might find 
when their selections came to be appraised that they could not obtain all of the 
selected lands for the amount of the appropriation. We hold that it was therefore 
in contemplation of this act that in order that they might accomplish the general 
intent of the statute, which it was their business to subserve, they should have 
authority to amend their work by abandoning such parcels as they were not author- 
ized by the appropriation to purchase. We think the selection which they now 
present to us. with the approval of the President, conforms strict y to the intention 
of the act. It is therefore (u-dered that the motion to pay the money into the regis- 
try, etc.. be granted. 

"THE QUESTION OF INTEREST. 

" The other (luestion as to interest, we think, stands upon these principlts. There 
is no statute which ajjplies to the Government as to interest. The statute relating 
to interest is intended to apply, like all such statutes, only to the people, and we 



1'a'kK SVSTKM Oi-' TilK DISTRI -^'J 

liave no statute, therefore, to pro by ^'ivin.i? v.a the nyht lo eui.rye the (juverinnent 
with interest upuu these appraisements as upon a dei)t, nor are we the < onrt tliat 
can charge the Goveiniuont with aniuileltteclness, whetlu r of principal or of inter- 
est. Then, as to the ground of e'juitj'. it is only when there is an iudebtednees and 
an unreasonable delay in paying it that it would be proper tor us on grounds of 
eiiuity to charge interest. This has been a continuous, although a somewhat long, 
proceeding, and in contemplation of law it can not be said that there has been 
delay, because there has been no break, no postponement, and if there has been 
any great delay or ii)stponement it has been caused, as we understand an<l have 
been advised, by the resistance of the owners of the property. Therefore we have 
neither the legal power to charge the (Tovernment with interest, because there is 
no statute to that etlect. nor have we the power to treat it as a debt before this con- 
firmation after final proce .dings, because the statute does not ai)ply to the Gov- 
ernment in any case, nor would we Hud e-juitable ground for allowing interest, 
because it has not been caused by postponement on the part of the Government. 
Interest, therefore, can not le allowed by order of tins court, and that leaves the 
whole fund to be disposed of as a fund made up of the valuations o{ the property. 
The order will, therefore. couf(n-m to the principles of this opinion." 



Appendix I. 

Washington, D. C. liccember J'>, id'.i'J. 
Col. H. F. Blolnt. 

Chainintii Cdiiiiuiticc on Af/vV.s uiul Rvs^rvdtions, 

}V(ishiii'/toii Bounl of Trwh'. 

Dear Sir: In response to the general desire of our committee. I have prepared 
the acconjpanying map to illustrate our project of park development, which has 
three definite objects, all closely related. The first of these is provision for full 
communication with i):irk system from the western part of the city lying west of 
Rock Cree'i— now wholly cut off from the parks. The second is the establishment 
of communication, by way of a park drive, bet-.veen the Zoo and R<ick (reek 
parks and the newly reclaimed Potomac Pi'.rk. The third, and most important of 
all, is the reclam ition of the lower Roi'l< Creek Valley from the condition of a 
most hideously unsightly dumping ditch, the extension of the park southward to 
Q or P street, and the provision for the best entrance to the parks for at least 
two-thirds of the population of the city. 

Together with the map. I wish to submit a brief explanation. The scheme in 
its essentials is the same which I drew up at the request of the executive commit- 
tee of the Board of Trade some ten years ago. but in that i)eriod obviously advan- 
tageous mo lifications have suggested themselves, demanded by a thoroughly 
comprehensive treatment of the whole problem. 

From the Zoo to P street, or at least to C^ street ( the latter in the event of the 
adoption of my suggestion for diversion of the stream), the entire low part of the 
valley should be included in the park, together with the beautiful tributary valley 
running up back of the Gak liill Cemetery as far as the e.istern limits of '• Clif- 
ton '—the Kiverson place. Together with this latter va!ley. the superbly situated 
property known as the Boyce place, between Lover's Lane and Oak Hill Ceme 
tery. and fronting on U street, should beyond all (juestiou be included, as the one 
place now left of all the large e-tates on Georgetown Heights which can i>ossibly 
be obtained as a park for the pe<.])le. and especially for the younger children of 
the western section. Nothing of the sort exists in that larg'- area west of the 
creek, and in the general development of onr great capital city the lack of fore- 
sight of the old founders of Georget<twn should now In- conecte«l before it be too 
late. Another and most important reason for taking in the B -yce place is the 



jlh 1. 



rcLTMKIA. 




I'AHK SY^TKM (>K THK DI^TKKT OK Ci >Lr.V MI A. 41 

perfect ease with which the noblest entrance to the park 8yst<'in now poxsible 
coald he made, by adjusting; within tliis proi)erty an entram-e road running ver- 
tical to U street for souit four or five hundred feet, witli trees forming a vista on 
cither side, and then winding by a reversed curve down into the avenue jirovided 
in th.' highway extension ))lans. bordering the west side of the main valley, and 
als. > into the extension of T street or California avenue westward directly to the 
Conduit Road at the distributing reservoir. This jiian would do away with the 
propiisition to simply widen the Lovers Lane as an apjn-oach to the jiarks. and 
witi; it would <^liviate all need tor heavy tills, which would utterly ruin the pic- 
tnresiine character of this remarkab'y beautiful spot. I subjnit herewith a design 
miide at my request by the architect, Mr. Walter Peter, for tlie treatment of the 
U street front of the Boyce place. In this sketch he has undoubtedly risen to the 
height of his inspiring subject, and his use of low stone wail and ornamental iron 
worl:. and supprb gateway in the center, would make a setting and a frame for 
this most beautiful appx'oach to the park, which in Boston or other prigressive 
cities would have ou« since i)een secured forever for the public good. 

To diirress lor a moment from my main sub ect. I would say that the sugges- 
tioi; lias "heen made that it miLcht not be a bad idea to utilize the unused high- 
8 rvi e re.servo'.r at I' and Tliirty-. econd streets as an outlook ])aik, from whose 
great iieight and commanding location views of great beauty may be had in many 
directions. chieHy of the river. 

The proposed park above P street wou'.d naturally belinnte<1 on the west by ( »ak 
Hill < 'emetery and the jji-o.-jected road iiTiiicated in the highway plans, as shown on 
ske'eh. and on the east by the Belmont road in Kalorama and the Waterside drive 
in Belair. This coiild i^ass in the rear or east of the old Lyons m.li. which should 
be pn^served as a park building for shelter in tini" of storms and as a relic of the 
older times of the District. 

Wh ther or not the suggestion I make below as to diversion of the creek at 
P street OH ever adopted, the entire low valley of the creek, including also some 
5<» feet or more on the upper level, back fron: the present banks, should be included 
in til • pirk system and treated as ])er sectional plan on aci-ompan> ing map. The 
outer 'evel spaces and the slopes sh.ould be planted with quick -growing trees and 
shrubbery, and all raw places covered with verdure, terracing wherever nece.s- 
sary to secure stability. A low retaining wall, soliiily Uuilt. not over 15 feet in 
h'-iyht above the water line, should follow tlie e:,tire east line from P to Twenty- 
seventh street, and within the space between it and tlie foot of the slope and on 
to;) of the existin.i- Rock Creek intercei)ting sewer a brc)ad roadway should be made, 
with part of it as footpath on the top of the wall. This roadway sliould be for the 
n*^ of carria.ges and autojuobiles, but fi)r i;o business traffic whatever. A hue of 
public automobiles, running at regular intervals, at a low rate of fare, and reached 
by easv a:!d broa<l .stairs from M street and P street, would afford an ideal means 
of access to the njiper and lower park system. The gra<le all the way is naturally 
IK-rf- ct. No grade crossings would interfere, as the road would pass un<ler all 
stre ts. which could be bridged wherever necessary. Great speed could be 
attaine<l because of these conditions, and nothing to obstruct the landscape, such 
as trolley wires, railroad tracks, etc.. would have anyplace. A hedge could be 
pl.inted on either side of the upiier level spaces, .shutting out from the valley all 
unsightly views of rears of buildino: lots. Why tlirow away the very b'st means 
of entrance to the parks and connection between the ujiper and lower system? 
Practically a^l sewage is now removed from the cre<k, which is not ;n itself 
unsightly. All tliat is needed is the reasonable confinement of the stream, practi- 
cally in its present bed. X,, freshet cou.d tiien do any very .serious dami.ire. No 
one can estimate very well the ultimate volume and velocity of the freshets which 
fifty years from now may come down ti'nt valley, who-e watershed ia constantly 
changing in character from woodland to improved an<1 smoothed surface. 



42 TAKk system ()/< THE DISTKIC r OJr COLTMHIA. 

As an alternative scheme for a portion of the line, I suggest the filling np and 
consequent reclamation of the entire rectangle north of O street and south of Q. 
west of Twenty-second and east of a direct extension of Twenty-fourth street, 
effected by bringing the creek in open cut from Q street to O street by an easy 
curve, tangent at each end to the northern and southern reaches, eliminating the 
needless reversed curve now cutting so deeply to the southeastward at O street. 
Twenty-fourth street could then be opened almost directly to Sheridan Circle 
(abandoning the short spur of Twenty-third now running from the circle), giving 
another fine high-grade street as good as Twenty-second; and O street, by means 
of a bridge over the new location of the creek, would afiiord a perfect solution of 
the present problem to provide a good highway other than the narrow and dan- 
gerous P street for heavy commercial traffic. A bridge of light construction at 
Q street would meet the needs of Georgetown Heights for pedestrians and light- 
wheel travel on the highest level. This scheme provides for moving the P street 
bridge westward several hundred feet, i. e., to some point west of the west line of 
Twenty-fourth street projected nortnward, the exact spot being determined largely 
by the determination of the line of break between solid rock and the tilled ground 
upon which P street now is built. So far as the channel for the creek itself is 
concerned, it is probable that it could be brought through solid rock, which would 
afford perfect foundation for very steep retaining walls for some distance north 
and south of P street; the abutments themselves, of course, being carried up 
directly from the rock. The normal type of improvement could be resumed as 
rapidly as possible north and south of P street, dependent on the depth and char- 
acter of the open cut. The property reclaimed and brought to grade by subse- 
quent fill would be at least double in area that which would have to be condemned 
for this cut-off. Opportunity would here be presented for very sighth' work, the 
creek and the roadway following, under the bridges at O, P. and (4 streets, a line 
sweeping curve, which conld be accentuated by the treatment of the retaining 
wall and api)roaches. 

Easy sidehill connecting roads can be built down to the driveway from various 
intersecting streets, the vertical drop being but 85 feet. Twenty-seventh street 
provides easy communication with the Potomac Park from the lower end of this 
plan, and the extreme lower end of Rock Creek should be given over to commer- 
cial uses, pure and simpje. 

It would seem, also, that no other general plan of treatment would accomplish 
the desired result with such a measure of economy. 
Very respectfully, 

Henry B. Looker. 



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